GIFT  OF 


1909 


COMPILATION 


OF  THE 


SCHOOL  LAWS 


OF  THE 


Territory  of  New  Mexico 


ACASIO  GALLEGOS 

Assistant  Superintendent  of  Public  Instruction 
Under  the  Supervision  of 

J.  E.  CLARK 

Superintendent  of  Public  Instruction 
Santa  Fe,  New  Mexico 


ALBUaUERaUE     MORNINO    JOURNAL 
ALBUQUERQUE,    N.    M. 


1909 


COMPILATION 


OF  THE 


SCHOOL   LAWS 


OF  THE 


Territory  of  New  Mexico 


Prepared  by 

ACASIO  GALLEGOS 

Assistant  Superintendent  of  Public  Instruction 

Under  the  Supervision  of 

J.  E.  CLARK 

Superintendent  of  Public  Instruction 
Santa  Fe,  New  Mexico 


ALBUaUERQUE  MORNING  JOURNAL 
ALBUQUERQUE,  N.  M, 


THIS  VOLUME 

IS 

TERRITORIAL  PROPERTY 


And  is  for  the  use  of 


of School  District  No. 


County  of Territory  of  New  Mexico. 


School  officers  on  retiring  from  office  are  required  by  law 
to  deliver  this  volume,  with  all  other  books  and  documents  of 
an  official  character,  to  their  successors  in  office. 


"A 


COMPILATION 

OF  THE 

School  Laws  of  New  Mexico 


A  COMPILATION  OF"  THE  SCHOOL  LAWS  OF  THE  TERRITORY  OF 
NEW  MEXICO^  INCLUDING  THOSE  ENACTED  BY  THE  LEGIS- 
LATIVE ASSEMBLY  AT  ITS  THIRTY-EIGHTH  SESSION  IN   1909. 


ORGANIC  ACT. 


CONTENTS. 

Sec.   15.     Sections  sixteen  and  thirty-six  of  each  township  in  the  Ter- 
ritory to  be  reserved  for  school  purposes. 


Sec.  15.  "AND  BE  IT  FURTHER  ENACTED,  That 
when  the  lands  in  said  territory  shall  be  surveyed  under  the 
direction  of  the  government  of  the  United  States,  preparatory 
to  bringing  the  same  into  market,  sections  numbered  sixteen 
and  thirty-six  in  each  township  in  said  territory  shall  be,  and 
the  same  are  hereby  reserved  for  the  purpose  of  being  applied 
to  schools  in  said  territory,  and  in  the  states  and  territories 
hereafter  to  be  erected  out  of  the  same." 


244292 


U.  S.  STATUTES. 


Forty-Ninth  Congress,  First  Session. 


CCCLXII. 


AN  ACT  TO  Provide  for  the  Study  oe  the  Nature  oe 
Aecohoeic  Drinks  and  Narcotics  and  oe  their 
EEEEcTs  UPON  The  Human  System,  in  connection 
WITH  The  Several  Divisions  oe  the  Subject  oe 
Physioeogy  and  Hygiene,  by  the  pupils  in  the 
Public  Schools  of  the  territories  and  oe  the  Dis- 
trict oe  Columbia,  and  in  the  Military  and  Naval 
Academies,  and  Indian  and  Colored  Schools  in 
THE  Territories  oe  the  United  States. 


CONTENTS. 

Sec.   1.     Instruction  regarding  alcoholic  drinks  and  narcotics. 
Sec.   2.     School  officers  to  enforce  provisions  of  Section  1. 
Seo;   3.     Teachers  certificates  to  be  not  granted  to  persons  lacking  in 
knowledge  concerning  alcoholic  drinks  and  narcotics. 


Sec.  1. — Special  Instruction  Regarding  Effects  of  Alcoholic 
Drinks  and  Narcotics  on  Human  System  to  be  Taught  in 
Territorial  Schools. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  Assembled : 

Sec.  1.  That  the  nature  of  alcohoHc  drinks  and  narcotics, 
and  special  instruction  as  to  their  effects  upon  the  human 
system,  in  connection  with  the  several  divisions  of  the  subject 
of  physiology  and  hygiene,  shall  be  included  in  the  branches 
of  study  taught  in  the  common  or  public  schools,  and  in  the 
military  and  naval  schools,  and  shall  be  studied  and  taught 
as  thoroughly  and  in  the  same  manner  as  other  like  required 
branches  are  in  said  schools,  by  the  use  of  text  boolcs  in  the 
hands  of  pupils  where  other  branches  are  thus  studied  in  said 
schools,  and  by  all  the  pupils  in  all  said  schools  throughout  the 


OP  The  territory  oe  new  mexico  5 

Territories,  in  the  military  and  naval  academies  of  the  United 
States,  and  in  the  District  of  Columbia,  and  in  all  Indian  and 
colored  schools  in  the  territories  of  the  United  States. 

Sec.  2. — School  Officers  to  Enforce  Provisions  of  Sec.  i.,  and 
Failing  to  do  so,  Shall  he  Removed  from  Office. 

That  it  shall  be  the  duty  of  the  proper  officers  in  control 
of  any  school  described  in  the  foregoing  section  to  enforce  the 
provisions  of  this  act;  and  any  such  officer,  school  director, 
committee  superintendent,  or  teacher,  who  shall  refuse  or 
neglect  to  comply  with  the  requirements  of  this  act,  or  shall 
neglect  or  fail  to  make  proper  provisions  for  the  instruction 
required  and  in  the  manner  specified  by  the  first  section  of 
this  act,  for  all  the  pupils  in  each  and  every  school  under  his 
jurisdiction,  shall  be  removed  from  office,  and  the  vacancy 
filled  as  in  other  cases. 

Sec.  3. — Teachers'  Certificates  to  be  Refused  Persons  not  Pass- 
ing Satisfactory  Examination  in  Physiology  and  Hygiene 
With  Special  Reference  to  Systematic  Effects  of  Alcoholic 
Drinks  and  Narcotics. 

That  no  certificate  shall  be  granted  to  any  person  to  teach 
in  the  public  schools  of  the  District  of  Columbia  or  Terri- 
tories, after  the  first  day  of  January,  Anno  Domini  1888,  who 
has  not  passed  a  satisfactory  examination  in  physiology  and 
hygiene,  with  special  reference  to  the  nature  and  the  effects 
of  alcoholic  drinks  and  other  narcotics  upon  the  human  system. 

Approved  May  20,  1886. 


CHAPTER  DCCCXVIII. 


CONTENTS. 

Sec.   1.     Territorial  legislatures  shall  not  pass  local  or  special  laws  in 

certain  cases. 
Sec.   3.     Territorial    legislatures    shall    not    contract    debts    in    certain 

cases. 
Sec.   4.     Territorial   counties   shall    not   incur   debts   aggregating   more 

than  4  per  cent  on  the  taxable  property  of  the  county. 
Sec.   5.     Legislative  assemblies  not  to  grant  private  charters. 
United  States  Revised  Statutes.     Sec.  1890.     Religious  corporations  not 

to  acquire  more  than  $50,000.00  worth  of  real  estate. 
United  States  Revised  Statutes.     Sec.   2004.     Right  of  citizens  to  vote. 


6  ■  COMPUTATION    0^   THE   SCHOOI^   LAWS 

Territorial  Legislatures  Shall  Not  Pass  Local  or  Special  Laws 
in  Certain  Cases. 

"That  the  legislatures  of  the  territories  of  the  United 
States  now  or  hereafter  to  be  organized  shall  not  pass  local  or 
special  laws  in  any  of  the  following  enumerated  cases,  that 
is  to  say: 

*  *  *  "For  the  assessment  and  collection  of  taxes 
for  territorial,  county,  township,  or  road  purposes." 

*  *  *  "Providing  for  the  management  of  common 
schools." 

*  *  *  "The  opening  and  conducting  of  any  election 
or  designating  the  place  of  voting." 

*  *       *       "Remitting  fines,  penalties  or  forfeitures." 

*  *  *  "Creating,  increasing  or  decreasing  fees,  per- 
centage or  allowances  of  public  officers  during  the  term  of 
which  said  officers  are  elected  or  appointed." 

*  *  *  "Granting  to  any  corporation  or  association 
or  individual  any  special  or  exclusive  privilege,  immunity,  or 
franchise  whatever." 

"In  all  other  cases  where  a  general  law  can  be  made  appli- 
cable, no  special  law  shall  be  enacted  in  any  of  the  territories  of 
the  United  States  by  the  territorial  legislatures  thereof." 

Sec.  3. — Territorial  Legislatures  Shall  not  Contract  Territorial 
Debts  Except  in  Certain  Cases  Bnumerated. 

That  no  law  of  any  territorial  legislature  shall  authorize 
any  debt  to  be  contracted  by  or  on  behalf  of  such  territory 
except  in  the  following  cases :  To  meet  a  casual  deficit  in  the 
revenues,  to  pay  the  interest  upon  the  territorial  debt,  to 
suppress  insurrections,  or  to  provide  for  the  public  defense, 
except  that  in  addition  to  any  indebtedness  created  for  such 
purposes,  the  legislature  may  authorize  a  loan  for  the  erection 
of  penal,  charitable  or  educational  institutions  for  such  ter- 
ritory, if  the  total  indebtedness  of  the  territory  is  not  thereby 
made  to  exceed  one  percentum  upon  the  assessed  value  of  the 
taxable  property  in  such  territory  as  shown  by  the  last  general 
assessment  for  taxation.  And  nothing  in  this  act  shall  be  con- 
strued to  prohibit  the  refunding  of  any  existing  indebtedness 
of  such  territory  or  any  political  or  municipal  corporation, 
county,  or  other  sub-division  therein. 


01?  THB   TERRITORY   01?   NEW    MEXICO  7 

Sec.  4. — Territorial  Counties  and  Other  Sub-Divisions  Shall 
not  Incur  Debts  Aggregating  More  than  Four  Percentum 
on  the  Value  of  Taxable  Property  of  Such  Sub-Division. 

That  no  political  or  municipal  corporation,  county,  or 
other  subdivision  in  any  of  the  territories  of  the  United  States 
shall  ever  become  indebted  in  any  manner  or  for  any  purpose 
to  any  amount  in  the  aggregate,  including  existing  indebted- 
ness, exceeding  four  percentum  on  the  value  of  the  taxable 
property  within  such  corporation,  county,  or  sub-division,  to 
be  ascertained  by  the  last  assessment  for  territorial  and  county 
taxes  previous  to  the  incurring  of  such  indebtedness,  and  all 
bonds  or  obligations  in  excess  of  such  amount  given  by  such 
corporation  shall  be  void :  That  nothing  in  this  act  contained 
shall  be  so  construed  as  to  affect  the  validity  of  any  act  of  any 
territorial  legislature  heretofore  enacted,  or  of  any  obligations 
existing  or  contracted  thereunder,  nor  to  preclude  the  issuing 
of  bonds  already  contracted  for  in  pursuance  of  excess  pro- 
visions of  law ;  nor,  to  prevent  any  territorial  legislature  from 
legalizing  the  acts  of  any  county,  municipal  corporation,  or 
sub-division  of  any  territory  as  to  any  bonds  heretofore  issued 
or  contracted  to  be  issued. 


Sec.  5. — Legislative  Assemblies  not  to  Grant  Private  Charters, 
but  may  by  General  Incorporation  Acts  Permit  Incorpora- 
tion of  Colleges,  etc. 

That  section  eighteen  hundred  and  eighty-nine,  title  twenty- 
three  of  the  Revised  Statutes  of  the  United  States  be  amended 
to  read  as  follows  : 

The  legislative  assemblies  of  the  several  territories 
shall  not  grant  private  charters  or  special  privileges,  but  they 
may,  by  general  incorporation  acts,  permit  persons  to  associate 
themselves  together  as  bodies  corporate  for  mining,  manufac- 
turing, and  other  industrial  pursuits,  and  for  conducting  the 
business  of  insurance,  banks  of  discount  and  deposit  (but 
not  of  issue),  loan,  trust  and  guarantee  associations,  and  for 
the  construction  or  operation  of  railroads,  wagon  roads,  irri- 
gating ditches,  and  the  colonization  and  improvement  of  lands 
in  connection  therewith,  or  for  colleges,  seminaries,  churches, 
libraries,  or  any  other  benevolent,  charitable  or  scientific  asso- 
ciation. 


8  COMPILATION    OP   the;   SCHOOI.   IvAWS 

U.  S.  Revised  Statutes. — Sec.  1890.     Religious  or  Charitable 
••-     Corporations  of  Associations  in  Territories  Shall  not  Ac- 
quire More  than  Fifty  Thousand  Dollars  Worth  of  Real 
Estate. 

No  corporation  or  association  for  religious  or  charitable 
purposes  shall  acquire  or  hold  real  estate  in  any  territory,  dur- 
ing the  existence  of  a  territorial  government,  of  a  greater 
value  than  fifty  thousand  dollars;  and  all  real  estate  acquired 
or  held  by  such  corporation  or  association  contrary  hereto 
shall  be  forfeited  and  escheat  to  the  United  States;  but  exist- 
ing vested  rights  in  real  estate  shall  not  be  impaired  by  the 
provisions  of  this  chapter. 

U.  S.  Revised  Statutes. — Sec.  2004.  Citizens  Otherwise  Quali- 
fied not  Barred  From  Voting  at  Any  Election  Because  of 
Race,  Color  or  Pr(h'ious  Condition  of  Servitude. 

All  citizens  of  the  United  States  who  are  otherwise 
qualified  by  law  to  vote  at  any  election  by  the  people  in  any 
state,  territory,  district,  county,  city,  parish,  township,  school 
district,  municipality,  or  other  territorial  sub-divisions,  shall 
be  entitled  and  allowed  to  vote  at  all  such  elections,  without 
distinction  of  race,  color  or  previous  condition  of  servitude : 
any  constitution,  law,  custom,  usage,  or  regulation  of  any 
state  or  territory,  or  by  or  under  its  authority,  to  the  contrary 
notwithstanding. 


FIFTY-FIRST  CONGRESS. 


CONTENTS. 

Sec.   2275.     Sections  sixteen  and  thirty-six  and  lieu  lands  therefor. 
Sec.   2276.      (As  Amended)     Rules  for  selection  of  lieu  lands. 
Sec.   38.     Sections   sixteen   and   thirty-six  reserved   for  the   use   of  the 
common   schools. 


Fifty-First  Congress,  Sess.  II. — Chap.  384,  Sec.  2275.  Pre- 
emption or  Homestead  Settlements  Made  Before  Survey  on 
Sections  Sixteen  and  Thirty-Six  Subject  to  Claims  of  Their 
Settlers;  If  Such  Sections  Reserved  for  Schools,  Lieu 
Lands  May  Be  Granted.  Territories  Untitled  to  Lieu 
Lands  Where  Such  Sections  are  Mineral,  or  Included 
Within  Indian,  Military  or  Other  Reservation,  or  Other- 
wise Disposed  of  by  the  United  States.  Proviso. 
Be  it  enacted     *     That  sections  twenty-two  hundred  and 


OS'  THE  TERRITORY   OE   NEW    MEXICO  9 

seventy-five  and  twenty-two  hundred  and  seventy-six  of  the 
Revised  Statutes  of  the  United  States  be  amended  to  read 
as  follows : 

Where  settlements  with  a  view  to  preemption  or  home- 
stead have  been,  or  shall  hereafter  be  made,  before  the  survey 
of  the  lands  in  the  field,  which  are  found  to  have  been  made 
on  sections  sixteen  or  thirty-six,  those  sections  shall  be  sub- 
ject to  the  claims  of  such  settlers;  and  if  such  sections  or 
either  of  them,  have  been  or  shall  be  granted,  reserved,  or 
pledged  for  the  use  of  schools  or  of  colleges  in  the  State  or 
Territory  in  which  they  lie,  other  lands  of  equal  acreage  are 
hereby  appropriated  and  granted,  and  may  be  selected  by  said 
State  or  Territory,  in  lieu  of  such  as  may  be  thus  takei;i 
by  preemption  or  homestead  settlers.  And  other  lands  of 
equal  acreage  are  also  hereby  appropriated  and  granted,  and 
may  be  selected  by  said  State  or  Territory  where  sec- 
tions sixteen  or  thirty-six  are  mineral  land,  or  are  included 
within  an  Indian,  military,  or  other  reservation,  or  are  other- 
wise disposed  of  by  the  United  States :  Provided,  Where 
any  state  is  entitled  to  said  sections  sixteen  and  thirty-six,  or 
where  said  sections  are  reserved  to  any  Territory,  notwith- 
standing the  same  may  be  mineral  land  or  embraced  within. a 
military,  Indian,  or  other  reservation,  the  selection  of  such 
lands  in  lieu  thereof  by  said  State  or  Territory  shall  be  a 
waiver  of  its  right  to  said  sections.  And  other  lands  of  equal 
acreage  are  also  hereby  appropriated  and  granted,  and  may  be 
selected  by  said  State  or  Territory  to  compensate  deficiencies 
for  school  purposes,  where  sections  sixteen  or  thirty-six  are 
fractional  in  quantity,  or  where  one  or  both  are  wanting  by 
reason  of  the  township  being  fractional,  or  from  any  natural 
cause  whatever.  And  it  shall  be  the  duty  of  the  Secretary  of 
the  Interior,  without  awaiting  the  extension  of  the  public 
suryeys,  to  ascertain  and  determine,  by  protraction  or  other- 
wise, the  number  of  townships  that  will  be  included  within 
such  Indian,  military  or  otner  reservations,  and  thereupon  the 
State  or  Territory  shall  be  entitled  to  select  indemnity  lands  to 
the  extent  of  two  sections  for  each  of  said  townships,  in  lieu  of 
sections  sixteen  and  thirty-six  therein ;  but  such  selections  may 
not  be  made  within  the  boundaries  of  said  reservations :  Pro- 
vided, however,  That  nothing  herein  contained  shall  prevent 
any  State  or  Territory  from  awaiting  the  extinguishment  of 
any  such  military,  Indian  or  other  reservation  and  the  restora- 
tion of  the  lands  therein  embraced  to  the  public  domain  and 
then  taking  the  sections  sixteen  and  thirty-six  in  place  thereof ; 


10  COMPIIvATlON    OF   THE)   SCHOOIv   IvAWS 

but  nothing  in  this  proviso  shall  be  construed  as  conferring 
any  right  not  now  existing. 

Fifty-First  Congress,  Sess.  II. — Chap,  384,  Sec.  2276  (As 
Amended).  Rules  for  Selection  of  Lieu  Lands  Where 
-  School  Sections  are  Unavailable  or  Deficient. 
That  the  lands  appropriated  by  the  preceding  section 
shall  be  selected  from  any  unappropriated,  surveyed  public 
lands,  not  mineral  in  character,  within  the  State  or  Territory 
where  such  losses  or  deficiencies  of  school  sections  occur;  and 
where  the  selections  are  to  compensate  for  deficiencies  of 
school  lands  in  fractional  townships,  such  selections  shall  be 
made  in  accordance  with  the  following  principles  of  adjust- 
ment, to-wit :  For  each  township,  or  fractional  township,  con- 
taining a  greater  quantity  of  land  than  three-quarters  of  an 
entire  township,  one  section;  for  a  fractional  township,  con- 
taining a  greater  quantity  of  land  than  one-half,  and  not  more 
than  three-quarters  of  a  township,  three-quarters  of  a  section ; 
for  a  fractional  township,  containing  a  greater  quantity  of 
land  than  one-quarter,  and  not  more  than  one-half  of  a  town- 
ship, one-half  section;  and  for  a  fractional  township  contain- 
ing a  greater  quantity  of  land  than  one  entire  section,  and  not 
more  than  one-quarter  of  a  township,  one-quarter  section  of 
land :  Provided,  That  the  States  or  Territories  which  are,  or 
shall  be  entitled  to  both  the  sixteenth  and  thirty-sixth  sections 
in  place,  shall  have  the  right  to  select  double  the  amounts 
named,  to  compensate  for  deficiencies  of  school  land  in  frac- 
tional townships. 

Fifty-First  Congress,  Sess.  II,  Chap.  543. — Sec.  38.     Sections 
Sixteen  and  Thirty-Six  Reserved  for  Support  of  Common 

Schools,  Unless  Mineral  in  Character. 

f 

No  provision  for  settlement  on  or  sale  of  the  lands  in  the 
various  agreements  hereinbefore  mentioned  shall  apply  to 
section  sixteen  and  thirty-six  thereon,  which  lands  in  the 
States  are  hereby  granted  to  the  State  in  which  they  are  situ- 
ated, for  the  support  of  the  common  schools  of  such  State 
under  the  limitations  prescribed  by  law,  and  such  sections  in 
the  Territories  of  the  United  States  are  reserved  from  occu- 
pancy, entry,  or  sale,  under  any  land  law  of  the  United  States ; 
but  this  provision  shall  not  apply  to  mineral  land  which  may  be 
disposed  of  under  the  laws  applicable  thereto. 


OF  THE  TERRITORY   OF   NEW    MEXICO  11 

New  Mexico  Compiled  Laws  1897. 


CONTENTS. 

Sec.   128.     Turning  cattle  loose  on  range  occupied  by  another. 

Sec.   129.     Violation  of  provisions  of  preceding  section  a  misdemeanor. 

Fine  applied  to  the  School  Fund. 
Sec.   130.     Each   days'    violation   of   Section    128,    a   separate   cause    of 

action. 
Sec.   138.     Estray  animals;   sale  of. 
Sec.   176.     Estray    animals    at    round-ups    to    be    advertised    and    sold, 

money  going  to  the  School  Fund. 


Sec.  128. — Persons,  Companies  or  Corporations  Turning  Cat- 
tle on  Range  Occupied  by  Others,  Must  Own  or  Possess  on 
Such  Range  Permanent  Living  Water,  Free  and  Unfenced, 
Sufficient  for  Their  Needs. 

Whenever  any  person,  company  or  corporation  turns 
loose  on  any  range  in  this  territory,  already  occupied  or  in  the 
possession  of  another  or  others  by  virtue  of  their  having  com- 
plied with  the  provisions  of  section  one  hundred  and  twenty- 
seven,  he  or  they  must  be  the  owner  or  owners  of,  or.  must  be 
lawfully  entitled  to  the  possession  of  some  other  living,  per- 
manent water  upon  such  range,  sufficient  for  the  proper  main- 
tenance of  all  such  additional  cattle  so  turned  loose,  other  than 
that  owned  by  or  lawfully  possessed,  or  lawfully  in  the  pos- 
session of  any  other  person,  company  or  corporation  that  may 
have  previously  appropriated,  stocked,  or  taken  possession  of 
such  range  in  accordance  with  the  provisions  of  this  act;  and 
such  person,  company  or  corporation  so  turning  loose  cattle 
upon  such  range  must  at  all  times  furnish,  supply  and  main- 
tain upon  such  range  such  other  permanent  living  water  free 
and  unfenced  and  upon  the  surface  of  the  ground. 

Sec.  129. — Violation  of  Provisions  of  Preceding  Section  a 
Misdemeanor.    Fines  to  be  Applied  to  County  School  Fund. 

Any  person,  company  or  corporation  violating  the  pro- 
visions of  section  one  hundred  and  twenty-eight  shall  be  guilty 
of  a  misdemeanor  and  punishable  by  imprisonment  in  the 
county  jail,  wherein  the  offense  was  committed,  for  a  period 
not  to  exceed  six  months,  or  by  a  fine  of  not  less  than  one 
hundred  dollars  nor  more  than  one  thousand  dollars,  which 
fine  shall  be  applied  to  the  school  fund  of  the  county  wherein 


12  COMPUTATION    01^   THE   SCHOOL   LAWS 

the  offense  is  committed;  and"  such  person,  company  or  cor- 
poration violating^  such  provision  as  aforesaid  shall  further 
be  liable  to  any  party  or  parties  injured  for  all  damages  which 
such  party  or  parties  may  sustain;  the  same  to  be  recoverable 
by  a  civil  suit.  All  fines  and  costs  so  assessed  and  all  damages 
which  may  at  any  time  be  awarded  shall  be  and  constitute  a 
lien  upon  such  herd  of  cattle. 

Sec.   130. — Each  Day's  Violation  of  Provisions  of  Sec.  128  a 
Separate  Cause  of  Action. 

Each  day's  violation  of  the  provisions  of  this  act  shall  be 
and  constitute  a  separate  cause  of  action  against  any  person, 
company  or  corporation  violating  the  same. 


ROUND-UPS. 
Sec.   176. — Unclaimed  Bstrays  at  Ronnd-Ups  to  be  Advertised 
and  Sold  at  End  of  Year,  and  Proceeds,  Less  Fees,  to  be 
Paid  Into  School  Fund. 

Whenever  any  of  the  above  described  animals  (strays, 
etc.)  have  remained  under  the  charge  of  any  person  by  the 
authority  of  any  justice  of  the  peace  for  the  term  of  one  year 
without  any  person  claiming  them,  the  said  justice  of  the 
peace,  after  being  informed  by  the  person  or  persons  in  charge 
of  said  animals,  that  the  same  exist,  then  and  in  such  case  he 
shall,  through  public  notices,  fix  the  day  in  which  said  ani- 
mal or  animals  are  to  be  sold  at  public  auction  for  cash  to  the 
highest  bidder,  by  the  constable  of  his  precinct,  the  expenses 
of  herding  to  be  paid  from  the  proceeds  of  such  sale  as  above 
stated,  fifty  cents  to  the  justice  of  the  peace  for  each  record, 
and  twenty-five  cents  for  the  order  to  sell  the  same  and  the 
recording  of  his  file,  and  one  dollar  to  the  constable  effecting 
such  sale ;  the  surplus  of  such  sale  shall  be  paid  into  the  school 
fund  by  said  constable  for  the  use  of  the  same  upon  a  certified 
list  of  said  justice  of  the  peace. 


BONDS   AND   WARRANTS. 


(Chap.  42,  L.  1897.) 


CONTENTS. 

Sec.   285.     Determination  of  indebtedness,   other  than  bonded. 

Sec.   286.     Claimants  feeling  aggrieved,   may   appeal   to  district  court. 


OF   The   territory   of    new    MEXICO  13 

Sec.   287.      Filing  of  statement  and  bond  necessary  for  appeal. 

Sec.   288.      Other  steps  required  of  claimant. 

Sec.    289.      District  Attorneys  to  represent  County   Commissioners  and 

other  bodies  or  boards  not  provided  with  counsel. 
Sec.    290.      Issue  of  claimant  bonds  in    lieu  of  execution. 
Sec.   291.     Persons  proving  claims  entitled  to  coupon  bonds  therefor. 
Sec.   292.      Bonds  to  bear  6  per  cent  interest  from  date  of  issue. 
Sec.   293.      Form  of  bonds  and  coupons,  how  signed  and  attested. 
Sec.   294.     How  bonds  are  registered  and  recorded. 
Sec.   295.     County  Commissioners  to  levy  tax  to  pay  annual  interest. 
Sec.    296.      County  Commissioners  to  levy  tax  for  sinking  fund. 
Sec.    297.      Funds  remaining  after  payment  of  bonded  indebtedness  to 

be  transferred  to  respective  expense  funds. 
Sec.   298.     Payment  of  bonds  and  interest  when  due. 
Sec.   299.     Unlawful    to    contract    debts    which    cannot    be    paid    from 

money  actually  collected  during  that  year. 
Sec     300.      Reduction  of  fees  and  salaries  of  officers. 
See.   301.      Officers  and  creditors  to  be  paid  pro  rata. 
Sec.   302.     Void  indebtedness  of  Sec.  299  to  remain  valid. 
Sec.   303.     Payment  of  claimants. 
Sec.   304.     Current  year  to  begin  January  first,   except  that  of  boards 

of  education,   which  shall  begin  September  first. 
Sec.   305.     Funds  for  next  current  year  and  for  current  year. 
Sec.    306.      No  bonds  to  be  issued  after  first  Monday  .in  August,    1897, 

except  in  case  of  appeal  and  judgment  rendered. 


Sec.  285. — County  Commissioners,  Boards  of  Education,  Mu- 
nicipal Officials  and  District  School  Directors  to  Determine 
Indebtedness  of  Respective  Jurisdictions,  Other  Than 
Bonded.    Method  of  Procedure. 

That  after  the  passage  of  this  act,  it  shall  be  the  duty  of 
the  board  of  county  commissioners  of  the  several  counties  of 
the  territory,  and  of  the  boards  of  education  in  all  municipali- 
ties in  the  territory,  the  proper  officials  and  representatives 
of  municipal  corporations  of  all  kinds  whatsoever,  and  of 
the  school  directors  of  the  several  school  districts  in  the  dif- 
ferent counties  in  the  territory,  to  ascertain  and  determine 
the  amount  of  the  indebtedness  other  than  bonded  indebted- 
ness of  the  several  counties,  boards  of  education,  municipal 
corporations  and  school  districts  that  may  be  floating,  out- 
standing, and  unpaid,  however  evidenced.  For  the  purpose  of 
notifying  the  different  creditors  that  the  same  will  be  done 
and  finally  passed  upon  on  the  first  Monday  in  May,  A.  D. 
1897.  it  shall  be  their  respective  duties  to  publish  or  cause  to  be 
published  in  some  weekly  newspaper  in  their  county  for  two 
consecutive  weeks,  and  if  there  is  no  weekly  newspaper  in 
the  county,  then  in  some  paper  having  a  general  circulation 


14  COMPILATION    Of   THE   SCHOOL   LAWS 

in  the  county,  a  statement  to  the  effect  that  on  the  first  Mon- 
day in  May,  A.  D.  1897,  proceedings  will  be  commenced  for 
the  purpose  of  ascertaining  and  determining  such  indebted- 
ness, at  a  place  to  be  named,  which  shall  be  the  county  seat 
of  said  county,  and  that  at  such  time  they  will  continue  in 
session  for  a  sufficient  length  of  time  to  transact  the  busi- 
ness before  them.  It  shall  be  the  duty  of  the  several  bodies 
or  boards  above  named  to  consider  and  pass  upon  the  claims 
of  all  creditors,  as  well  those  not  present  as- those  present, 
either  in  person  or  by  attorney.  Their  proceedings  shall  be 
made  of  record  in  a  book  provided  for  that  purpose,  in  which 
shall  be  entered  the  names  of  all  creditors,  the  nature  and 
character  of  the  claim  made,  and  when  and  in  what  year  the 
indebtedness  was  contracted  regardless  of  the  time  of  issuance 
of  any  certificate  or  other  instrument  of  indebtedness  or  when 
the  amount  was  approved.  The  creditor  claiming  an  indebted- 
ness to  be  due  shall  make  out  his  claim  in  writing  stating 
the  nature  and  origin  thereof  and  when  it  accrued  and  shall 
accompany  the  same  by  any  instrument  of  indebtedness,  cer- 
tificate or  voucher  upon  which  his  claim  is  based,  or  an  item- 
ized account,  if  his  claim  is  based  thereon.  In  the  event  that 
any  person  or  persons  shall  claim  to  be  a  creditor  of  any  of 
the  said  bodies  or  boards  in  this  section  mentioned,  upon  in- 
struments of  indebtedness  that  are  lost  or  after  due  diligence 
cannot  be  produced,  he  shall  file  with  the  clerk  or  secretary 
of  any  one  of  said  bodies  or  boards,  a  copy  of  the  instrument 
lost  or  unproduced,  or  a  description,  in  the  event  a  copy  can- 
not be  furnished,  as  near  as  may  be,  and  such  a  copy  or  de- 
scription shall  be  taken  and  passed  upon  as  if  the  original 
instrument  had  been  produced  and  filed :  Provided,  He  shall 
file  with  the  said  clerk  or  secretary  a  bond  in  double  the 
amount  of  that  mentioned  in  said  instrument,  which  bond 
shall  be  signed  by  two  or  more  good  and  sufficient  sureties, 
conditioned  to  indemnify  the  said  body  or  board  before  whom 
it  is  produced  against  any  loss  by  reason  of  the  claimant  not 
being  the  owner  or  entitled  to  the  benefit  of  said  instrument 
or  on  account  of  said  instrument  having  been  paid,  such  bond 
to  be  approved  by  said  clerk  or  secretary.  On  the  hearing, 
any  competent  testimony  may  be  introduced  in  support  of  or 
in  rejection  of  any  such  claim,  and  the  said  body  or  board, 
before  whom  any  such  claim  is  presented  shall  proceed  to  pass 
upon  the  merits  of  the  case  before  them  and  allow  or  reject 
such  claim  as  the  evidence  before  them  shall  warrant. 


OP   THE   TERRITORY   OE    NEW    MEXICO  15 

Sec.  286. — Any  Claimant  Feeling  Aggrieved  at  Action  of 
Bodies  or  Boards  in  Passing  on  Any  Claim,  May  Appeal  to 
District  Court. 

Any  claimant,  tax  payer  or  any  person  or  persons  inter- 
ested, feeling  aggrieved  by  any  action  of  any  of  said  bodies 
or  boards  before  which  any  claim  may  have  been  passed  upon, 
shall  have  the  right  to  appeal  to  the  district  court  having  juris- 
diction in  the  county  where  the  claim  is  pending,  and  the 
same  shall  be  set  by  the  court  for  hearing  at  the  earliest  con- 
venient date.  On  the  hearing  of  such  appeal  the  claim  shall 
be  tried  de  nova  and  an  appeal  may  be  had  from  the  district 
court  to  the  supreme  court  as  appeals  are  now  allowed  in 
equity  cases,  except  the  same  must  be  taken  and  perfected 
within  sixty  days  after  the  decision  of  the  district  court. 

Sec.  287. — Statements  and  Bonds  Required  to  he  Filed  With 
Clerk  or  Secretary  of  Board  or  Body,  in  Order  to  Take 

Such  Appeal. 

♦ 

To  be  entitled  to  take  such  appeal  the  person  or  persons 
desiring  the  same  shall,  within  thirty  days  after  the  decision 
of  the  body  or  board  before  whom  this  claim  is  presented,  file 
a  statement  in  writing,  with  a  copy  of  his  claim,  to  the  effect, 
in  substance,  that  he  desires  the  claim  to  be  re-heard  by  the. 
district  court,  with  the  clerk  or  secretary  of  said  body  or 
board,  and  in  said  statement  shall  set  out  as  fully  and  clearly 
as  practicable  the  extent  and  nature  of  his  claim,  the  amount 
claimed,  and  the  amount  allowed  by  the  body  or  board  before 
whom  it  was  presented,  giving  the  time  and  place  of  such 
allowance,  and  shall  at  the  time  of  taking  such  appeal,  deposit 
with  the  clerk  or  secretary  the  sum  of  one  dollar,  as  a  fee  to 
said  clerk  or  secretary,  and  shall  at  the  same  time  file  a  bond 
to  be  approved  by  the  said  clerk  or  secretary,  with  at  least 
two  good  and  sufficient  sureties,  residents  of  said  county,  in 
the  sum  of  one  hundred  dollars,  payable  to  the  Territory  of 
New  Mexico,  conditioned  that  the  said  person  or  persons  so 
appealing  will  prosecute  his  said  appeal  with  effect  and  with- 
out delay,  and  will  pay  all  costs  which  may  be  adjudged 
against  him  in  the  said  district  court,  and  said  court  shall 
enter  judgment  against  all  parties  appealing  and  their  respect- 
ive bondsmen,  for  the  amount  of  costs  assessed  against  the 
said  parties,  if  he  shall  fail  in  the  prosecution  of  his  said  ap- 
peal, or  if  his  said  appeal  shall  not  be  sustained  in  said  dis- 
trict court.     When  the  said  fee  shall  have  been  paid  and  the 


16  COMPILATION    OF   THE   SCHOOI.   I^AWS 

said  bonds  shall  have  been  filed  and  approved,  as  hereinbefore 
provided,  it  shall  be  the  duty  of  the  said  clerk  or  secretary, 
to  attach  to  said  application  for  appeal,  a  certificate  that  the 
same  is  a  true  copy  of  the  matter  submitted  before  the  body 
or  board  of  which  he  is  the  clerk  or  secretary,  and  was  passed 
upon  by  the  said  body  or  board,  giving  the  day  and  date 
thereof,  and  shall  transmit  therewith  all  papers  that  may  have 
been  filed  in  said  cause. 

Sec.  288. — Other  Steps  Required  of  Claimant  Before  Case  is 
Docketed  by  Clerk  of  District  Court. 

The  claimant  in  order  to  perfect  his  appeal  shall,  within 
ten  days,  file  the  certified  copy  hereinbefore  mentioned,  in  the 
ofiice  of  the  clerk  of  the  district  court,  and  shall  at  the  time  of 
said  filing,  pay  unto  the  said  clerk,  a  fee  of  two  dollars  and 
fifty  cents  for  the  filing  thereof.  Any  tax  payer  or  person  or 
persons  interested,  and  entitled  to  an  appeal,  as  provided  for 
herein,  shall  be  styled  intervener,  or  interveners  and  shall  per- 
fect such  appeal  in  the  same  way  and  manner  so  far  as  appli- 
cable as  hereinbefore  provided  for,  for  appeals  by  any  claimant, 
and  the  district  court  in  its  discretion  may  require  of  any  and 
all  parties  appealing,  bonds  for  costs  and  other  things  besides 
those  mentioned  herein,  such  as  may  unto  him  seem  fit  and 
proper  to  effectively  carry  out  the  intent  of  this  act.  Imme- 
diately upon  the  filing  of  the  said  certified  copy  and  the  re- 
ceipt by  him,  of  the  said  fee,  the  clerk  shall  docket  the  said 
appeal  as  other  cases  are  docketed  and  upon  motion  the  same 
shall  be  set  down  for  hearing  by  the  judge  of  said  district 
court,  and  heard  in  vacation  or  term  time,  as  the  court  shall 
deem  proper.  Immediately  upon  the  docketing  of  the  said 
appeal  it  shall  be  the  duty  of  the  said  district  clerk  to  officially 
notify  all  parties  interested,  so  far  as  the  same  is  convenient, 
and  shall  notify  the  clerk  or  secretary  certifying  to  the  copy 
hereinbefore  described,  all  which  notices  shall  either  be  de- 
livered in  person  by  said  clerk  of  the  district  court  or  shall  be 
by  him  immediately  sent  through  the  mail  by  registered  letter, 
and  the  cost  of  such  registration  shall  be  paid  by  the  clerk  of 
the  district  court  out  of  the  money  herein  required  to  be  paid  to 
him  as  a  docket  fee. 

Sec.  289. — District  Attorney  to  Represent  County  Commis- 
sioners and  Other  Bodies  or  Boards  not  Provided  With 
Counsel. 
Jt  shall  be  the  duty  of  the  district  attorney  of  any  county, 


Olf   THE   TERRITORY   OE    NEW    MEXICO  17 

before  the  board  of  county  commissioners  of  which  any  such 
claim  as  herein  provided  is  brought,  to  represent  in  the  district 
court  said  board  of  county  commissioners,  at  the  hearing 
of  the  appeal  herein  provided  for,  and  the  fees  allowed  him  by 
law  shall  be  his  compensation  for  such  services.  Said  district 
attorney  shall  also  represent  in  the  said  district  court  any 
other  body  or  board,  herein  described,  not  otherwise  provided 
by  law  with  a  legal  adviser. 

Sec.  290. — When  Judgment  on  Appeal  Has  Been  Entered  by 
Clerk  of  Court,  the  Board  or  Body  Shall  Issue  Claimant 
Bonds  in  Lieu  of  Execution. 

After  the  hearing  on  appeal  by  the  said  district  court,  a 
judgment  upon  said  appeal  shall  be  entered  up  by  the  clerk  of 
the  district  court,  and  said  clerk  shall,  under  the  seal  of  said 
court,  certify  the  amount  of  said  judgment  to  the  clerk  or  sec- 
retary of  the  body  or  board  from  which  the  appeal  was  taken, 
and  on  the  date  herein  provided,  it  shall  be  the  duty  of  the 
said  body  or  board  to  issue  to  the  said  claimant  or  appellant,  in 
lieu  of  execution,  the  bonds  as  hereinafter  provided. 

Sec.  291. — Persons  Proving  Claims  are  Entitled  to  Coupon 
Bonds  Therefor. 

It  shall  be  the  duty  of  the  board  of  county  commission- 
ers of  the  several  counties  in  this  territory,  and  also  that  of 
boards  of  education,  school  districts  and  all  municipal  corpora- 
tions of  whatsoever  kind  or  class, "to  issue  coupon  bonds  of 
said  county,  board  of  education,  school  district  or  municipal 
corporation,  of  whatever  kind  or  class,  and  they  are  hereby 
respectively  authorized  and  empowered  to  issue  said  bonds  to 
any  claimant  proving  to  be  such  for  the  amount  and  in  thq 
manner  hereinbefore  provided. 

Sec.  292. — Bonds  to  he  Issued  for  Amount  Adjudged  Claim- 
ant, and  to  Bear  Six  Per  Cent.  Interest  From  Date  of  Issue. 
Principal  and  Interest  When  and  Where  Paid. 

The  bonds  provided  for  in  section  two  hundred  and  .ninety- 
one  shall  be  issued  on  the  first  Monday  of  August,  1897, 
and  shall  be  of  the  amount  adjudged  to  be  due  any  claimant, 
and  shall  bear  interest  at  the  rate  of  six  per  centum  per  annum 
from  the  date  of  issue,  and  such  interest  shall  be  payable  on 
the  first  day  of  July  and  January  of  each  year,  after  the  date 
of  issue.     The  principal  and  interest  accruing  on  said  bonds 


18  COMPILATION    OF   THE   SCHOOL   LAWS 

shall  be  payable  at  the  office  of  the  treasurer  of  the  body  or 
board  issuing  said  bonds,  and  all  such  bonds  shall  be  payable 
at  the  option  of  the  body  or  board  issuing  the  same  in  ten  years 
from  the  date  thereof,  and  shall  be  absolutely  due  and  payable 
twenty  years  after  the  date  thereof. 

Sec.  293. — Form  of  Bonds  and  Coupons;  How  Signed  and 

Attested. 

All  bonds  issued  under  the  provisions  of  this  act  shall 
be  numbered  consecutively  beginning  with  number  one,  and 
shall  be  signed  by  the  chairman  of  the  board  of  county  com- 
missioners, and  attested  by  the  probate  clerk  under  the  seal  of 
the  county,  if  the  bond  be  issued  for  any  county  indebtedness, 
and  shall  be  signed  by  the  mayor  of  any  municipal  corporation 
and  attested  by  the  clerk  of  said  corporation  under  liis  official 
name,  whatever  it  rhay  be,  and  the  seal  of  the  said  corpora- 
tion, if  the  bond  be  issued  in  payment  of  any  indebtedness  of 
any  municipal  corporation ;  and  said  bonds  shall  be  signed  by 
the  chairman  or  president  of  the  board  of  education,  in  the 
event  that  the  said  bonds  are  issued  in  payment  for  any  in- 
debtedness due  by  any  such  board  of  education,  and  shall  be 
signed  by  the  chairman  and  attested  by  the  clerk  of  the  board 
of  school  directors  of  any  school  district,  in  the  event  that 
the  same  are  issued  in  payment  of  any  indebtedness  due  by 
any  such  school  district.  The  board  of  county  commissioners, 
board  of  education,  officials  of  municipal  corporations  and 
school  districts  shall  prescribe  the  form  of  such  bond,  and  all 
coupons  attached  to  said  bonds  shall  be  signed  and  attested 
in  the  same  manner  as  the  bond  itself,  and  the  coupons  at- 
tached to  each  bond  shall  bear  the  same  number  as  the  bond 
to  which  they  are  attached,  and  shall  show  the  date  and 
maturity  of  said  coupon  bonds. 

Sec.  294. — Hozv  Bonds  Shall  he  Registered  and  Recorded. 

The  county  commissioners  of  each  county,  members  of 
boards  of  education,  and  officials  of  municipal  corporations, 
and  directors  of  any  school  district,  issuing  bonds  under  the 
provisions  of  this  act,  shall  provide  a  book  and  shall  register 
therein  in  the  order  that  said  bonds  are  issued,  the  date  and 
amount  of  each  bond  so  issued,  the  person  or  persons  to  whom 
issued  and  the  date  when  the  same  will  become  due,  and  there 
shall  likewise  be-kept  a  record  of  all  bonds  at  any  time  taken  up 
and  paid,  together  with  the  record  of  all  coupons  paid;  such 


0^  th^  territory  of  n^w  Mexico  19 

record  shall  be  kept  by  the  treasurer  of  such  body,  or  board, 
and  it  shall  be  his  duty  to  certify  that  such  bond  or  bonds 
have  been  regularly  issued  according  to  the  provisions  of 
thts  act. 

Sec.  295. — Boards  of  County  Commissioners  to  be  Notified  on 
or  Before  First  Monday  in  May  of  Amount  Required  to 
Pay  Interest  on  Bonds.  Levy  to  be  Made  Therefor  and  to 
be  Kept  Separate.    Duties  of  County  Assessor. 

It  shall  be  the  duty  of  the  board  of  education,  trustees 
of  towns,  mayor  and  town  council  of  towns  and  mayor  and 
city  council  of  cities  to  ascertain  and  notify  on  or  before  the 
first  Monday  in  May  of  each  year,  the  board  of  county  com- 
missioners of  the  amount  required  to  pay  the  interest  on  the 
bonds  issued  by  them  respectively;  and  it  shall  be  the  duty  of 
the  county  commissioners  of  each  county  in  the  territory  to 
levy  each  year,  at  the  time  of  the  making  of  the  levy  for  other 
taxes,  a  tax  sufficient,  and  no  more,  than  is  sufficient,  to  pay 
the  annual  interest,  accruing  on  any  and  all  bonds  issued  under 
and  pursuant  to  the  provisions  of  this  act.  The  taxes 
raised  by  means  of  such  levy  shall  be  kept  separate  and  apart 
from  other  taxes  and  shall  be  paid  in  lawful  money  of  the 
United  States  and  shall  be  used  exclusively  for  the  payment 
of  the  interest  on  the  bonds  which  shall  have  been  issued 
according  to  the  provisions  hereof. 

The  county  assessor,  in  making  his  regular  assessment 
of  property  situate  within  the  limits  of  any  incorporated  town, 
city,  school  district  or  other  municipality  shall  include  any 
and  all  property  of  whatsoever  kind  and  character  situate 
therein  and  for  the  purposes  of  this  act  personal  property  of 
every  description  shall  be  assessed  and  taxed  in  the  place  of 
its  location  on  the  first  day  of  March  of  each  year. 

See.  296. — After  ipoy  County  Commissioners  Shall  Annually 
Levy  Taxes  of  From  Ten  to  Twenty  Per  Cent,  of  Bond 
Issue  for  Sinking  Fund.    How  Bonds  are  to  be  Redeemed. 

After  the  expiration  of  the  year  1907,  and  annually  there- 
after until  paid,  the  county  commissioners  of  each  county, 
shall  provide  a  sinking  fund  by  taxation  and  shall  annually 
levy  a  tax  equal  to  at  least  ten  per  cent.,  and  not  greater  than 
twenty  per  cent.,  of  said  bonds  issued  under  the  provisions 
hereof,  and  whenever  funds  to  the  amount  of  one  thousand 


20  COMPILATION    OF   THE    SCHOOL    LAWS 

dollars  shall  have  come  into  the  hands  of  the  county  treasurer 
for  county  or  school  district  indebtedness,  or  shall  have  come 
into  the  hands  of  the  treasurer  of  any  board  of  education,  or 
into  the  hands  of  any  city  or  town  treasurer,  from  the  fund  "In 
this  section  provided  for,  such  treasurer  shall  give  notice  by 
publication  once  a  week  for  at  least  four  consecutive  weeks  in 
some  newspaper  of  general  circulation  in  the  county,  that  upon 
presentation  of  certain  bonds,  designing  them  by  number, 
date  and  amount,  he  will  pay  the  same,  and  interest  on  any 
such  bond  advertised  as  aforesaid  shall  cease  thirty  days  after 
the  last  publication  herein  provided  for,  and  any  and  all  bonds 
shall  be  called  for  redemption  "in  the  order  of  their  number, 
beginning  with  number  one. 

Sec.  297. — Funds  Remaining  After  Payment  of  Bonded  In- 
debtedness to  he  Transferred  to  Respective  Expense  Funds. 

Any  and  all  funds  remaining  in  the  hands  of  any  of  the 
treasurers  named  in  this  act  on  account  of  any  money  collected 
to  pay  any  of  the  bonded  indebtedness  herein  provided  for, 
after  the  redemption  and  payment  of  any  and  all  outstanding 
bonds,  issued  under'  the  provisions  hereof,  shall  be  transferred 
to  the  current  expense  fund  of  the  county,  city,  town,  board  of 
education  or  school  district  as  the  case  may  be. 

Sec.  298. — Bonds  and  Interest  When  Dne  and  Presented  to  he 
Paid  From  Moneys  Collected  for  That  Purpose.  Hoiv  Can- 
celed. When  Turned  Over  to  Proper  Authority,  to  he  Pre- 
served Tzventy  Years. 

Whenever  any  bond,  or  bonds,  or  the  interest  thereon, 
issued  pursuant  to  the  provisions  of  this  act,  shall  become  due 
and  shall  remain  unpaid,  on  presentation  to  the  treasurer  of 
the  county,  city,  town,  board  of  education  or  school  district,  as 
the  case  may  be,  where  said  bonds  were  issued,  such  bonds  or 
the  interest  thereon  shall  be  immediately  paid  by  such  treas- 
urer out  of  moneys  in  his  hands  collected  for  that  purpose, 
and  when  any  such  bonds  or  the  coupons  thereon  have  been 
so  paid  he  shall  mark  the  same  on  the  face  thereof  in  red  ink, 
"canceled  and  paid,"  showing  date  of  payment  and  signing  his 
official  name  thereto,  and  at  each  and  every  settlement  made 
and  had  by  such  treasurer  with  the  proper  official  provided 
by  law  for  such  purpose,  he  shall  turn  over  to  the  proper 
authority  any  and  all  bonds  and  coupons  so  redeemed  and 
canceled  by  him,  all  of  which  said  bond  or  bonds,  coupon  or 


OF  THE  TERRITORY   OE   NEW    MEXICO  21 

coupons  so  canceled  shall  be  carefully  preserved  for  a  period  of 
twenty  years  from  the  date  of  cancellation. 

Sec.  299. — Unlazvfnl  for  Comity  Coinuiissioncrs,  City  Council, 
Tozvn  Trustees,  Boards  of  Education,  etc.,  to  Contract  any 
Debt  for  any  Year  Which  Cannot  he  Paid  from  Funds 
Actually  Collected  During  Such  Current  Year.  Officers 
Using  Funds  Belonging  to  One  Year  for  any  Purpose  Other 
Than  Paying  Bxpense  of  Such  Current  Year,  Guilty  of 
Misdemeanor  and  Liable  to  Fine. 

From  and  after  the  date  of  the  passage  of  this  act  it 
shall  be  unlawful  for  any  board  of  county  commissioners,  city 
council,  town  trustees,  board  of  education,  board  of  trustees, 
or  board  of  school  directors  of  any  school  district,  for  any 
purpose  whatever  to  become  indebted  or  contract  any  debts 
of  any  kind  or  nature  whatsoever  during  any  current  year 
which,  at  the  end  of  such  current 'year,  is  not  andxannot  then 
be  paid  out  of  the  money  actually  collected  and  belonging  to 
that  current  year,  and  any  and  all  kind  of  indebtedness  for 
any  current  year  which  is  not  paid  and  cannot  be  paid,  as  above 
provided  for  is  hereby  declared  to  be  null  and  void,  and  any 
officer  of  any  county,  city,  town,  school  district  or  board  of 
education,  who  shall  issue  any  certificate  or  other  form  of 
approval  of  indebtedness  separate  from  the  account  filed  in 
the  first  place  or  who  shall,  at  any  time,  use  the  fund  belong- 
ing to  any  current  year  for  any  other  purpose  than  paying  the 
current  expenses  of  that  year,  or  who  shall  violate  any  of  the 
provisions  of  this  act,  shall  be  deemed  guilty  of  a  misde- 
meanor and  upon  a  conviction  thereof  shall  be  fined  not  less 
than  one  hundred  nor  more  than  one  thousand  dollars  or  be 
confined  in  the  county  jail  for  a  period  of  not  more  than  six- 
months  or  by  both  such  fine  and  imprisonment,  in  the  discre- 
tion of  the  court  trying  the  case. 

Sec.  30Q. — Fees,  Salaries  and  Perquisites  of  Officers  to  be  Re- 
duced if  Funds  Collected  Insufficient  to  Pay  Same  in  Full. 

All  fees,  salaries  and  perquisites  of  the  different  officers 
of  the  several  counties,  cities,  towns,  boards  of  education, 
school  districts,  district  attorneys  and  any  and  all  other 
officers  shall  be  reduced  in  the  event  there  is  an  insufficient 
collection  of  money  with  which  to  pay  them  as  provided  by 
law  for  their  services  in  any  current  year  so  that  there  shall 


22  COMPUTATION    OF   THE    SCHOOL    LAWS 

be  no  violation  of  the  provisions  in  this  act  as  to  incurring  in- 
debtedness for  any  current  year  over  and  above  the  money 
actually  collected  for  that  current  year. 

Sec.  301. — When  Collections  for  Current  Year  Insufficient  to 
Pay  in  Full,  Then  Officers  and  Creditors  to  be  Paid  Pro 
Rata.  Provision  as  to  Quarterly  Division  of  Accounts. 
Expense  of  Boarding  City  Prisoners  to  be  Paid  in  Full 
Quarterly  Before  Fees  and  Salaries  are  Paid. 

(As  amended.)  In  the  event  that  there  is  an  insufficient 
amount  of  money  collected  during  any  current  year  with 
which  to  pay  for  the  services,  fees,  and  salaries  of  the  several 
officers  mentioned  in  section  three  hundred,  then  and  in  that 
event  the  said  officers  and  all  creditors  shall  receive  in  full 
payment  of  their  respective  claims  each  his  pro  rata  share 
of  the  money  collected,  and  the  payment  of  said  pro  rata 
part  shall  be  made  quarterly  between  all  officers  and  creditors 
and  in  the  event  of  an  insufficient  amount  of  money  to  pay  in 
full  for  any  one  quarter  the  officers  and  creditors  remaining 
unpaid  shall  not  be  paid  that  amount  until  the  salaries  and 
expenses  of  the  next  succeeding  quarter  or  quarters  shall 
have  been  paid,  and  in  the  event  all  the  officers  and  creditors 
of  any  one  quarter  shall  have  been  paid  in  full  and  there 
then  remains  any  money  for  the  current  year,  the  same  shall 
then  be  distributed  pro  rata  among  the  said  officers  and  credit- 
ors. Provided,  That  all  the  actual  expenses  for  boarding  county 
prisoners  shall  be  paid  in  full  before  any  bill,  fees  or  salaries 
are  paid  and  before  any  pro-rate  is  made,  and  such  expenses 
may  be  paid  at  the  exj)iration  of  each  and  every  quarter. 

Sec.  302. — Void  Indebtedness  of  Sec.  2pp  to  Remain  Valid  for 
Sole  Purpose  of  Afterwards  Collecting  Money  Belonging 
to  Such  Year.  Such  Collections  to  be  Pro  Rated  Among 
Indebtedness  Creditors.  Surplus  to  be  Converted  Into  Fund 
for  Next  Succeeding  Year. 

The  void  indebtedness  mentioned  in  section  two  hundred 
and  ninety-nine  shall  remain  valid  to  the  extent  and  for  the 
sole  purpose  of  receiving  any  money  which  may  afterwards 
be  collected  and  belongs  to  the  current  year  when  they  were 
contracted,  and  the  collection  thereof,  when  made,  shall  be 
distributed  prorata  among  the  creditors  having  the  void  indebt- 
edness, and  in  the  event  all  of  the  valid  and  void  indebtedness 


Olf  THE  TERRITORY   OE   NEW    MEXICO  23 

of  any  current  year  are  paid  in  full  and  there  is  money  for  that 
current  year  remaining  the  sum  shall  be  converted  into  the  fund 
for  the  next  succeeding  current  year. 

Sec.  303. — Boards  of  County  Commissioners  in  Making  Quar- 
terly Payments  Shall  Pay  Claimants  Amount  Allowed  by 
Board  Unless  Claimant  Appeals  and  is  Allowed  Larger 
Sum  by  Court. 

In  the  event  any  claimant,  during  any  current  year, 
should  appeal  from  the  board  of  county  commissioners,  as 
now  provided  for  by  law,  from  the  amount  allowed  him  by 
such  board,  the  commissioners,  in  making  their  quarterly 
payments  as  above  provided  for,  shall  estimate  and  allow 
such  claimant  the  amount  allowed  him,  and  in  the  event  the 
court  should  allow  such  claimant  a  larger  sum  than  was  allowed 
him  by  the  board  of  county  commissioners  the  amount  so 
allowed  by  the  court  shall  be  considered  and  paid  as  above 
provided  for  at  the  next  quarterly  settlement  after  such  decision 
of  the  court. 

Sec.  304. — Current  Year  to  Begin  ist  of  January,  Except  That 
for  Boards  of  Education  and  School  Districts  it  Shall  begin 
1st  of  September  of  Each  Year. 

The  current  year  for  the  purpose  hereof  shall  begin  on  the 
first  day  of  January  and  end  on  the  last  day  of  December  of 
each  year,  except  that^the  current  year  for  boards  of  education 
and  school  districts  shall  begin  on  the  first  day  of  September  of 
each  year  and  end  on  the  last  day  of  August  of  the  next  year. 

Sec.  305. — Money  Collected,  or  That  Should  be  Collected, 
From  Tax  Rolls  for  County  Purposes,  Except  Special  As- 
sessments, to  Constitute  Fund  for  Next  Current  Year.  All 
Other  Money  Collected  to  Belong  to  Current  Year. 

All  moneys  collected  from  the  tax  roll  of  any  one  year 
for  county  purposes  or  that  should  have  been  collected  for 
that  year  for  such  purpose,  whether  it  was  placed  on  the  tax 
roll  or  not,  except  moneys  collected  for  that  year  from  assess- 
ments made  for  some  special  purpose,  shall  constitute  the  fund 
for  the  next  current  year,  and  all  moneys  other  than  those 
collected  from  the  tax  rolls,  or  that  should  have  been  on  the 
tax  rolls,  that  are  collected  during  any  current  year  and  have 


24  COMPIIvATlON    OF    THE    SCHOOIy    IvAWS 

not  by  law  been  placed  as  belonging  to  some  particular  general 
county  fund  shall  go  to  and  be  a  part  of  the  fund  for  the 
current  year  in  which  the  same  are  collected. 

Sec.  306. — No  Bonds  to  be  Issued  After  ist  Monday  in  Au- 
gust, i8p/,  Hxcept  in  Case  of  Appeal  and  Judgment  Ren- 
dered. 

No  bonds  shall  be  issued  after  the  first  Monday  in. 
August,  1897,  except  when  an  appeal,  as  has  hereinbefore 
been  provided  for,  has  been  taken,  and  whenever  the  appeal 
shall  have  been  finally  passed  upon  by  the  district  court  or  the 
supreme  court  if  the  same  shall  have  been  taken  to  the  supreme 
court,  and  final  judgment  shall  have  been  rendered  and  the 
same  have  been  certified  to  and  sent  to  the  proper  body  or 
board,  in  that  event  bonds  may  be  issued  for  the  amount 
rendered  in  favor  of  any  person  or  persons  including  the  cost 
if  the  same  has  not  otherwise  been  paid;  Provided,  That 
nothing  in  this  act  shall  prohibit  the  issuance  of  any  bonds  as 
heretofore  and  now  provided  by  law. 

(See  Funding  Act,  1895,  Sections  307-316.) 


FUNDING  ACT,  1893. 


CONTENTS. 

Sec.   319.     Holders  of  warrants  Issued  by  County  School  Superintend- 
ents prior  to  Feb.  26,  1891,  may  bring  suit  to  adjust  and  determine 
the   same. 
Sec.    320.     Warrant  holders  may  unite    as  plaintiffs  in  suit. 

How  county  shall  be  described  in  suit,  and  process  served. 

Proceeding  to  be  same  as  ordinary  chancery  cases. 

Issue   of  bonds  to   satisfy  warrant   holders   obtaining  judg- 

Form   of  bond. 
Costs  of  suit.     Complainant  losing  suit  to  pay  all  costs. 


Sec. 

321. 

Sec. 

322. 

Sec. 

323. 

ment. 

Sec. 

324. 

Whereas,  Prior  to  the  passage  of  the  present  school  law 
of  the  Territory  of  New  Mexico,  in  several  counties  of  said 
Territory  the  expense  of  the  schools  has  been  paid  by  school 
superintendents  of  the  county  drawing  warrants  upon  the 
county  treasurer,  instead  of  the  fund  being  distributed  among 
the  different  districts  of  the  county  and  the  warrants  being 
drawn  upon  the  district  treasuries ;  and 

Whereas,  County  treasurers  have  refused  to  pay  many 
of  said  warrants  which  are  alleged  to  have  been  given  in  good 


01''  The:  territory  of*  new  mexico  25 

faith  for  services  actually  rendered  and  supplies  actually  fur- 
nished said  schools;  and 

Whereas,  The  holders  of  said  warrants  are  practically  with- 
out any  remedy  for  collection  of  the  same  or  any  part  thereof; 

Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory 
of  New  Mexico : 

Sec.  319. — Holders  of  Warrants.  Issued  by  County  School  Su- 
perintendents Prior  to  February  26,  i8gi,  May  Bring  Suit 
to  Adjust  and  Determine  Same. 

That  the  holders  of  any  school  warrants  in  this  territory, 
issued  by  county  school  superintendents  prior  to  the  26th 
day  of  February,  A.  D.  1891,  be  and  they  are  hereby  author- 
ized to  bring  suit  in  the  district  court  for  the  county  in  which 
said  warrants  were  issued  against  the  school  districts  and 
the  county  for  the  purpose  of  adjusting  and  determining  the 
genuineness  of  said  warrants  and  the  fact  that  the  same  were 
issued  for  services  actually  rendered  or  supplies  actually  fur- 
nished for  the  use  of  the  schools  of  said  county. 

Sec.  320. — Warrant  Holders  May  Unite  as  Plaintiffs  in  a  Suit 
Against  Both  the  County  and  all  School  Districts  Thereof 
as  Defendants^  for  an  Accounting.  The  District  Attorney 
Shall  Defend  Same  With,  or  Without,  Aid  of  Assistant 
Counsel. 

Any  part  or  all  of  said  warrant  holders  may  unite  in  the 
same  suit  as  complainants  and  both  the  county  and  all  the 
school  districts  thereof  shall  be  made  defendants  in  such  suit, 
and  such  suit  shall  be  brought  on  the  chancery  side  of  the 
court  in  the  nature  of  a  bill  in  equity  for  an  accounting,  and 
tlie  district  court  shall  take  jurisdiction  of  the  same  and  it 
shall  be  the  duty  of  the  district  attorney  to  appear  and  defend 
said  suits  for  the  county  and  the  school  districts  or  either  or 
any  of  them  shall  be  allowed  to  employ  additional  counsel. 

Sec.  321. — Hozv    County    Shall    be    Described    in    Suit    and 
Process  Served. 

The  county  shall  be  described  as  the  board  of  county 
commissioners  and  process  shall  be  served  upon  said  board  as 
now  provided  by  law,  and  the  process  upon  the  school  dis- 
tricts shall  be  served  by  delivering  a  subpoena  or  summons 
issued  as   in  ordinary  cases  upon  the  school   superintendent 


26  COMPIIvATlON    0^   THE   SCHOOIy   LAWS 

of  the  county  and  the  respective  chairman  of  the  school  boards, 
whose  duty  it  shall  be  to  at  once  Notify  the  proper  district  attor- 
ney, who  shall  enter  his  appearance  in  answer  to  said  subpoena 
or  summons  and  defend  such  suit  as  hereinbefore  provided. 

Sec.  322. — Proceedings  to  be  Same  as  Ordinary  Chancery 
Cases.  Amount  of  Judgment  Rendered  to  be  Paid  Out  of 
Proper  Funds.  If  Fund  Insufficient,  Tax  to  be  Levied 
Therefor  at  Proper  Time. 

I  The  proceedings  in  said  cause-  shall  be  the  same  as  in 
ordinary  chancery  cases,  and  upon  a  statement  of  account  by 
the  master  in  chancery,  a  decree  shajl  be  rendered  therein 
determining  the  amount  of  such  indebtedness,  who  is  entitled 
to  receive  the  same,  whether  the  original  person  to  whom 
said  warrants  were  issued  or  by  whom  said  services  were  ren- 
dered, or  supplies  furnished,  or  the  assignee  thereof,  and  how 
much  the  holder  thereof  is  lawfully  entitled  to  receive  for 
the  same,  and  thereupon  a  decree  or  judgment  shall  be  ren- 
dered in  favor  of  said  persons  for  the  amount  of  the  indebted- 
ness so  claimed  against  the  county  or  district  liable;  and  the 
amount  of  such  decree  shall  be  paid  out  of  the  county  school 
fund  where  the  warrant  is  a  county  debt,  or  out  of  the  proper 
district  fund  where  the  warrant  represents  a  district  indebt- 
edness, and  if  the  same  are  insufficient  to  pay  such  indebted- 
ness, it  shall  be  the  duty  of  the  county  commissioners  or  district 
school  directors  to  levy  a  sufficient  tax  at  the  time  the  general 
taxes  are  levied  and  cause  the  same  to  be  levied  in  like  manner 
and  at  the  same  time  that  general  taxes  are  collected  for  the 
purpose  of  satisfying  and  paying  off  such  decree  or  tax. 

Sec.  323. — Warrant  Holders  Obtaining  Judgment  May  Accept 
Six  Per  Cent.  Bonds  in  Satisfaction  Thereof,  and  County 
Commissioners  Authorized  to  Issue  same.  Form  of  Bond. 
Warrant  Holders  May  Combine  so  as  to  Receive  Bonds  in 
Multiples  of  $100.  County  Commissioners  to  Annually 
Levy  Special  Tax  for  Interest  and  Redemption. 

The  holders  of  any  such  warrants  who  may  procure  any 
such  decree  in  their  favor  may  at  their  option  accept  bonds, 
interest  bearing  obligations,  to  bear  interest  at  the  rate  of 
six  per  ceiitum  per  annum,  and  due  in  ten  years,  payable  in 
five  years,  in  satisfaction  of  such  indebtedness,  in  lieu  of  causing 


oif  The:  territory  of  new  mexico  27 

the  amount  thereof  to  be  levied  and  collected  as  provided  for 
in  the  foregoing  section. 

That  whenever  a  decree  has  been  rendered  or  may  here- 
after be  rendered  under  the  provisions  of  this  act,  in  favor  of 
the  holders  of  any  such  warrants,  decreeing  that  the  same 
shall  be  paid  out  of  the  general  school  fund  of  a  county,  and 
the  holders  of  such  warrants  shall  signify  to  the  board  of 
county  commissioners  of  such  county,  their  willingness  to 
accept  bonds  in  satisfaction  thereof,  the  county  commissioners 
of  such  county  shall  be,  and  they  are  hereby  authorized  and 
empowered  to  issue  bonds  in  favor  of  the  holders  of  such 
warrants  to  the  amount  of  such  decree.  Said  bonds  shall  be 
made  payable  by  their  terms  out  of  the  general  school 
fund  of  the  county,  absolutely,  within  ten  years  after  the 
date  thereof,  and  shall  be  payable  at  the  option  of  the  county 
at  any  time  after  five  years  from  the  date  thereof;  and  shall 
bear  interest  at  the  rate  of  six  (6)  per  cent,  per  annum,  pay- 
able semi-annually,  and  shall  have .  coupons  for  said  interest 
attached  thereto.  And  said  bonds  and  coupons  when  pay- 
able, upon  presentation  to  the  county  treasurer,  shall  be  paid 
out  of  the  general  school  fund  of  said  county  before  any  dis- 
tribution of  the  same  shall  be  made  to  the  different  school 
districts  thereof  or  any  board  of  education  in  such  county. 

The  said  bond  shall  be  executed  by  the  chairman  of  the 
board  of  county  commissioners  and  the  county  clerk  and 
attested  by  the  seal  of  said  board,  and  shall  be  substantially  in 
the  following  form : 

SCHOOL  FUND   BONDS. 


Number County Dollars 

Know  all  men  by  these  presents,  that  County  of 

Territory  of  New  Mexico,  acknowledges  to  owe,  and  prom- 
ises to  pay  the  bearer,  out  of  the  general  school  fund  of  said 

county, dollars,  lawful  money  of  the  United  States, 

for  value  received,  redeemable  at  the  pleasure  of  said  county 
after  five  years,  and  absolutely  due  and  payable  ten  years  from 
the  date  thereof,  at  the  ofifice  of  the  treasurer  of  said 
county,  with  interest  thereon  at  the  rate  of  six  (6)  per  cent, 
per    annum,    payable    semi-annually,    on    the    first    days    of 

and  of  each  year,  upon  the  presentation 

and  surrender  of  the  annexed  coupons  as  they  severally  become 
due,  and  payment  of  the  principal  to  be  made  in  accordance 
with  the  terms  hereof,  upon  the  surrender  of  the  bond  itself. 


28  COMPILATION    01^   the;   SCHOOIv   IvAWS 

This  bond  is  issued  in  pursuance  of  an  act  of  the  legis- 
lative assembly  of  New  Mexico  entitled  "An  act  to  adjust 
and  settle  certain  outstanding  school  indebtedness  in  the 
different  counties  of  the  Territory  of  New  Mexico,"  approved 
February  23rd,  1893,  and  an  act  entitled  "An  act  in  amend- 
ment of  said  act,"  approved day  of .- : 

A.  D.  1895. 

And  the  same  has  been  issued  in  strict  conformity  with 
said  acts  and  for  the  purpose  therein  expressed. 

In  witness  whereof,  the  board  of  county  commissioners 

of  the  said  County  of ,  Territory  of  New  Mexico, 

has  caused  this  bond  to  be  signed  by  its  chairman  and  attested 
by  the  probate  clerk,  he  being  ex-officio  clerk  of  the  said  board 
of  county  commissioners  at  the  county  seat  of  said  county, 
this day  of , ,  A.  D.  189 


Chairman  board  of  county  commissioners. 
Attest : 


Probate  Clerk  and  ex-officio  clerk  of  the  board  of  county 
commissioners. 

The  coupons,  shall  be  numbered  consecutively  and  be  in 
substance  as  follows : 

The  County  of  promises  to  pay  to  bearer, 

out  of  the  general  school  fund  of  said  county,  at  the  office  of 

the  treasurer  of  said  county,  on  the  first  day  of , 

A.  D.  189 ,  the  sum  of dollars,  being  for  six 

months  interest  on  bond  numbered  ,  issued  under 

the  provisions  of  an  act  of  the  legislative  assembly,  entitled 
"An  act  to  adjust  and  settle  certain  outstanding  school  in- 
debtedness in  the  different  counties  of  the  Territory  of  New 
Mexico,"  approved  February  23rd,  1893,  and  an  act  in  amend- 
ment thereof. 

Issued  on  the day  of. ...,  A.  D.  189 


Chairman  of  the  board  of  county  commissioners. 
Attest : 


Probate  clerk  and  ex-officio  clerk  of  said  board. 

That  any  two  or  more  of  the  holders  of  such  warrants 
entitled  to  receive  bonds  under  the  terms  of  such  decree,  may 
join  the  amounts  for  which  they  are  entitled  to  so  receive 


01^  thk  territory  of  ne;w  mexico  29 

bonds,  and  take  bonds  for  the  aggregate  amount  due  to  them ; 
in  order  that  said  bonds  may,  as  far  as  possible,  be  issued  in  the 
sum  of  one  hundred  dollars  and  multiples  thereof. 

It  shall  be  the  duty  of  the  county  commissioners,  after 
issuing  such  bonds,  to  levy  each  year  at  the  time  the  general 
taxes  are  levied  for  school  purposes,  a  special  tax  upon  all 
property  subject  to  taxation  for  school  purposes  in  such 
county,  sufficient  to  pay  the  interest  on  said  bonds  and  create 
a  sinking  fund  for  the  redemption  thereof,  in  accordance  with 
the  provisions  of  this  act  and  the  terms  of  said  bonds. 

Sec.  324. — Costs  of  Suit,  Exclusive  of  Attorney's  Pees  (hut 
Including  District  Attorney  Fees) ,  to  he  Divided  Between 
Complainants  and  Defendants.  Complainant  Losing  Suit 
to  Pay  All  Costs. 

The  costs  of  any  such  suit  authorized  by  this  act  shall  be 
divided  equally  by  the  court  between  the  complainants  in 
such  suit  and  the  defendant,  not  including  attorney's  fee,  but 
including  the  fees  of  the  district  attorney,  who  shall  be 
allowed  such  reasonable  compensation  as  the  court  may  in  its 
discretion  fix,  not  to  exceed  five  per  cent,  of  the  amount 
recovered  or  involved  in  the  suit:  Provided,  however.  That 
if  no  judgment  or  decree  should  be  rendered  in  favor  of  the 
complainant  or  complainants,  then  the  whole  of  the  costs  of 
such  suit  shall  be  paid  by  the  complainant  or  complainants. 

Section  325.  This  act  shall  apply  to  suits  now  pending  or 
any  which  may  be  hereafter  brought. 

(See  "Issuance  of  Current  Expense  Bonds,"  Sections 
326-331). 

(See  "Funding  Act,  1891,"  etc.,  Sections  332-338). 

(See  "Funding  Act,  1891,"  etc.,  Sections  340-348). 

(See  "Funding  Act,  1889,"  etc.,  Sections  366-376). 


30  .     COMPILATION    Q-e   THE   SCHOOL   LAWS 

TO  FUND  SCHOOL  INDEBTEDNESS. 


*    CONTENTS. 

Sec.   379.     School  directors  authorized  to  issue  bonds. 

Sec.   380.     County  Commissioners  to  levy  tax  for  payment  of  interest. 

Sec.   381.     School   directors   to   notify   County   Commissioners   of   bond 

issue. 
Sec.   382.     School   directors  shall   not  incur  indebtedness   in   excess  of 

amount  allowed  by  law. 

Sec.  379. — Directors  of  School  Districts  Authorised  to  Issue 
Bonds  in  Payment  of  Indebtedness  Heretorofe  Incurred  in 
Any  District  for  a  Public  School  Actually  Taught  Under 
Contract  Made  With  Directors.  Such  Bonds  to  Bear  Six 
Per  Cent,  and  have  no  Coupons. 

Where  any  indebtedness  has  heretofore  been  incurred  or 
created  in  any  school  district  for  a  pubhc  school,  which  has 
been  actually  taught  under  a  contract  made  with  the  directors 
of  such  school  district,  and  the  said  indebtedness,  or  any  part 
thereof,  now  remains  due  and  unpaid,  the  directors  of  such 
school  district  are  hereby  authorized  and  required  to  issue 
the  bonds  of  such  district  in  payment  for  the  amount  of  such 
indebtedness  so  remaining  due  and  unpaid,  and  said  bonds 
shall  be  dated  the  day  of  their  issue,  shall  bear  interest  at  the 
rate  of  six  per  cent,  per  annum  from  the  first  day  of  March, 
A.  D.  1889,  and  said  interest  shall  be  payable  annually;  such 
bonds  shall  be  payable  in  ten  years  from  the  date  thereof, 
and  shall  be  in  the  form  of  an  ordinary  bond  for  the  payment 
of  money,  and  may  be  either  written  or  printed  or  either  part 
printed  and  part  written,  but  no  coupons  for  interest  shall  be 
attached  thereto.  Such  bonds  shall  be  issued  in  such  amounts 
as  shall  be  agreed  upon,  not  exceeding  the  total  amount  of  the 
indebtedness,  and  shall  be  signed  by  the  members  of  the  board 
of  school  directors,  or  a  majority  of  them  as  constituting  such' 
board,  but  such  signatures  shall  not  have  the  effect  to  make  the 
members  of  such  board  personally  responsible  for  the  bonds 
so  signed. 

Sec.  380. — County  Commissioners  to  Levy  Tax  at  Regular 
Time  to  Pay  Interest  and  One-Tenth  of  principal,  which 
County  Treasurer  Shall  Use  to  Pay  Interest  and  Reduce 
Principal.  No  Fees  to  be  Paid  Assessor  or  Collector 
Therefor. 

It  shall  be  the  duty  of  the  board  of  county  commissioners 
of   each   county,   when  the   taxes   for   general   purposes   are 


OF  THE  TERRITORY   OF   NEW    MEXICO  31 

levied  in  each  year,  to  levy  a  tax  on  all  the  taxable  property 
in  any  school  district  where  bonds  may  have  been  issued  in 
accordance  with  the  previous  section  of  this  act,  sufficient 
in  amount  to  pay  all  the  interest  falling  due  on  such  bonds 
on  the  first  day  of  March  following,  and  also  to  pay  one- 
tenth  part  of  the  original  principal  of  said  bonds,  which  levy 
shall  be  collected  by  the  collector,  when  he  collects  the  general 
taxes  for  the  territory  and  counties,  and  shall  be  paid  over 
by  him  to  the  treasurer  of  the  county,  who  shall,  on  the  first 
day  of  March  in  each  year,  or  as  soon  thereafter  as  he  re- 
ceives the  same,  pay  off ,  therewith  the  interest  due  on  said 
first  day  of  March  on  said  bonds,  and  also  pay  the  remainder 
so  received  by  him  to  the  holders  of  bonds  in  reduction  of  the 
principal  thereof  until  such  bonds  shall  be  fully  paid,  and 
all  payments  made  by  him  shall  be  endorsed  upon  such  bonds. 
Nothing  shall  be  paid  to  the  assessor  or  collector  on  account  of 
the  assessment,  levy  or  collection  of  such  taxes  herein  provided 
to  be  levied  and  collected. 

Sec.  381. — Board  of  School  Directors  Issuing  Such  Bonds  to 
Notify  County  Commissioners  of  Amount,  Number  and 
Date,  and  to  Whom  Paid.  County  Commissioners  to  Reg- 
ister Same,  and  Annually  When  Making  Levy  to  Ascertain 
Amount  of  Such  Bonds  Paid  and  Still  Due. 

It  shall  be  the  duty  of  every  board  of  school  directors 
who  may  issue  any  bonds  provided  for  by  this  act  to  imme- 
diately notify  the  board  of  county  commissioners  of  their 
county  of  the  amount,  number  and  date  of  any  such  bond, 
and  the  name  of  the  person  to  whom  issued,  which  said  board 
of  county  commissioners  shall  cause  the  same  to  be  regis- 
tered by  the  clerk  of  said  board  of  county  commissioners, 
and  they  shall,  each  year,  ascertain  from  the  treasurer  at  the 
time  of  making  the  levy  provided  for  in  the  last  preceding 
section  of  this  act  and  from  any  other  available  source,  the 
amounts  paid  on  such  bonds  so  as  to  ascertain  the  amount  to 
be  levied  annually  on  account  of  the  interest  and  principal  of 
said  bonds  in  accordance  with  the  provisions  of  this  act. 

Sec.  382. — School  Districts  Shall  Not  Incur  Indebt£dness  in 
Excess  of  Amount  Allozued  by  Lazu,  but  Any  Heretofore 
Incurred  in  Good  Faith  on  Account  of  Schools  Actually 
Taught  to  be  Valid  and  Binding. 
Hereafter  no  school  district  shall  incur  any  indebtedness 


32  COMPILATION    OPf    THE)    SCHOOIv    LAWS 

in  excess  of  the  amount  allowed  it  according  to  law  for 
school  purposes,  and  all  indebtedness  incurred  in  excess  there- 
of shall  be  absolutely  illegal  and  void;  but  all  indebtedness 
heretofore  incurred  in  good  faith  for,  and  on  account  of 
schools  actually  taught,  are  hereby  declared  to  be  valid  ancl 
binding  upon  such  school  district :  Provided,  Such  indebted- 
ness is  now  past  due  and  unpaid,  and  only  such  as  was  incurred 
for  teachers'  wages  shall  be  valid  and  binding. 

(See  ''Funding  Act,  1887,"  Sections  384-388). 

(See  "Casual  Deficit  and  Refunding  Bonds,"  Sections 
397-398). 

(See  "Bonds  for  Territorial  Institutions,"  Sections 
398a-398ni). 


WARRANTS. 


CONTENTS. 

Sec.  399.  County  warrants,  drafts,  checks  or  orders,  if  lost  or  de- 
stroyed, may  be  duplicated. 

Sec.   400.      Claimants  must  prove  loss  or  destruction  and  file  bond. 

Sec,  401.  Territorial  treasurer  to  present  to  the  Governor  and  Audi- 
tor all  warrants  paid  by  his  office. 

Sec.  402.  Treasurer  to  burn  all  warrants  in  presence  of  Governor  and 
Auditor. 

Sec.    403.     Annual  presentation  of  paid  warrants  by  treasurer. 

Sec.    404.      Quarterly  call   of  warrants  for  payment. 

Sec.  405.  County  officers  not  to  speculate  on  county  or  territorial  in- 
debtedness. 

Sec.    406.      Town  or  city  officials  not  to  speculate  on  indebtedness. 

Sec.    407.      Penalty  for  violating  provisions  of  Sections  405  and  406. 

Sec.    408.      In  case  of  conviction,  office  declared  vacant. 

Sec.   410.      Charge  of  grand  juries  regarding  this  act. 


Sec.  399. — Territorial  or  County  Warrants,  Drafts,  Checks  or 
Orders  for  Payment  of  Money  out  of  Territorial  Treasury, 
if  Lost  or  Destroyed,  May  he  Duplicated. 

In  case  of  the  loss  or  destruction  of  any  warrant,  draft, 
check,  or  order  for  the  payment  of  money  out  of  the  treasury 
of  the  territory,  or  of  any  county,  drawn  by  any  officer  author- 
ized by  law  to  draw  the  same,  the  officer  who  drew  the  same, 
or  his  successors  in  office,  may,  and  he  or  they  are  hereby 
authorized,  to  draw  in  favor  of  the  party  to  whom  such  war- 
rant, draft,  check,  or  order  was  issued,  a  duplicate  of  the  same, 
as  provided  in  the  succeeding  section. 


OF   THE  TERRITORY   0?   NEW    MEXICO  33 

Sec.  400. — Claimant  Must  Prove  Loss  or  Destruction  of  Ori- 
ginal and  File  Bond  for  Amount  of  Original  Plus  Costs  and 
Expenses. 

Before  any  duplicate  shall  be  issued  as  provided  in  the 
foregoing  section,  the  party  applying  for  the  same  shall  prove 
to  the  satisfaction  of  the  officer  authorized  to  draw  such  dupli- 
cate, that  the  original  warrant,  draft,  check,  or  order,  has  been 
lost  or  destroyed,  and  shall  file  with  such  officer  a  bond,  to  his 
satisfaction,  to  the  territory  or  county,  as  the  case  may  be,  in  a 
penalty  sufficient  to  cover  the  amount  of  such  original  war- 
rant, draft,  check,  or  order;  and  all  costs  and  expenses  that 
may  accrue  by  reason  of  the  premises,  conditioned  to  reimburse 
and  save  harmless  the  territory  or  county  from  all  loss  in  con- 
sequence of  the  loss  of  such  warrant,  draft,  check,  or  order, 
and  the  issuing  of  such  duplicate. 

Sec.  401. — The  Territorial  Treasurer  Shall  Present  to  the  Gov- 
ernor and  Auditor  All  Warrants  Paid  by  His  Office,  and 
Make  Out  Three  Descriptive  Lists  Thereof,  One  Bach  for 
the  Secretary,  Treasurer  and  Auditor. 

(As  amended.)  Within  twenty  days  after  the  passage  of 
this  act,  it  shall  be  the  duty  of  the  territorial  treasurer  to  pre- 
sent to  the  governor  and  auditor  of  public  accounts,  in  the 
office  of  the  first,  all  the  warrants  that  have  been  paid  by  him, 
or  by  his  predecessors  in  office  under  his  charge,  and  were 
paid  before  the  9th  of  December,  1854.  This  being  done  it 
shall  be  the  duty  of  the  territorial  treasurer  to  make  out  three 
complete  descriptive  lists  of  said  warrants,  giving  the  date, 
sum  and  amount,  and  number  of  each,  and  to  whom  payable, 
and  by  whom  paid ;  one  of  said  lists  shall  be  deposited  in  the 
office  of  the  secretary  of  the  territory,  one  shall  be  delivered 
to  the  treasurer,  and  the  other  filed  in  the  auditor's  office. 

Sec.  402. — The  Treasurer  to  Burn  All  Warrants  in  Presence 
of  Governor  and  Auditor.  Descriptive  List  Witnessed  by 
Governor  and  Auditor  to  be  Evidence  of  Amount  of  War- 
rants Destroyed. 

It  shall  be  the  duty  of  the  treasurer  to  burn  all  of  said 
warrants,  in  the  presence  of  the  governor  and  auditor  of  ac- 
counts; and  after  the  said  descriptive  lists  be  signed  by  the 
governor  and  auditor  of  accounts  as  witnesses,  they  shall  be 


34  COMPILATION    OF   THE   SCHOOL    LAWS 

evidence  for  the  treasurer  of  the  amount  of  the  warrants  de- 
livered and  destroyed  by  him. 

Sec.  403. — The  Treasurer  Shall  Annually  Betzueen  December 
1st  and  15th  Present  All  IVarrants,  Coupons  and  Other 
Evidences  of  Indebtedness  Paid  Since  Last  Were  Burned, 
and  Proceed  as  in  Sections  401  and  402  Required. 

(As  amended.)  Between  the  1st  and  15th  of  December 
in  each  year  it  shall  be  the  duty  of  the  treasurer,  in  the  same 
manner,  to  present  all  the  warrants,  coupons  and  other  evi- 
dences of  indebtedness  that  may  have  been  paid  after  the  date 
that  the  last  were  burned,  and  the  same  proceeding  shall  be 
practiced  as  before  ordained,  and  the  lists  of  the  warrants,  cou- 
pons and  other  evidences  of  indebtedness  destroyed  shall  have 
the  same  efifect  as  expressed  in  section  four  hundred  and  two. 

Sec.  404. — Territorial  Treasurer  Shall  Quarterly  Publish 
Notice  Calling  IVarrants  for  Payment,  if  He  Has  Over 
$500  on  Hand  for  Their  Redemption. 

It  shall  be  the  duty  of  the  territorial  treasurer  at  the  end 
of  each  quarter  of  the  fiscal  year,  when  there  are  funds  on  hand 
for  the  redemption  of  outstanding  warrants  in  excess  of  five 
hundred  dollars,  to  publish  a  notice  in  some  newspaper  pub- 
lished at  the  capital  that  he  has  funds  on  hand  to  pay  warrants 
up  to  a  certain  number  and  date,  and  calling  said  warrants  for 
payment,  and  interest  shall  cease  on  all  warrants  so  called  at 
the  expiration  of  ten  days  from  the  date  of  such  notice. 

Sec.  405. — Unlawful  for  County  Officers  to  Buy,  Sell  or 
Speculate  in  Territorial  or  County  Evidences  of  Indebted- 
ness, Unless  Same  is  for  Salary  of,  or  Supplies  Furnished 
by  Such  County  Officer. 

That  from  and  after  the  passage  of  this  act  it  shall  be  un- 
lawful for  any  county  commissioner,  sheriff,  treasurer,  asses- 
sor, probate  judge,  probate  clerk  or  any  other  person  who,  as 
principal  or  deputy,  holds  any  county  office  in  any  county  of 
this  territory,  to  either  directly  or  indirectly,  buy,  sell,  barter, 
deal  in  or  speculate  in  or  with  any  certificate,  warrant,  or 
other  evidence  of  indebtedness  issued  by  such  county  or  by  the 
Territory  of  New  Mexico,  except  such  certificate,  warrant  or 
other  evidence  of  indebtedness  shall  have  been  lawfully  issued 


OF   Tlll^   TERRITORY    OF   NiCW    MICXICO  35 

to  such  person  in  payment  of  his  salary  or  in  compensation  for 
services  rendered  by  such  person  or  for  suppHes  furnished  by 
him  to  such  county  or  territory. 

Sec.  406. — Unlazvful  for  Tozim  or  City  Oificials  to  Buy,  Sell 
or  Speculate  in  Toimi  or  City  Evidences  of  Indebtedness, 
Unless  Same  is  for  Salary  of,  or  Supplies  Furnished  by, 
Such  Town  or  City  Official. 

That  from  and  after  the  passage  of  this  act,  it  shall  be 
unlawful  for  any  mayor,  councilman,  collector,  marshal,  clerk 
or  other  person  holding  any  office  or  appointment  in  and  for 
any  incorporated  city  or  town  in  this  territory  to  either  directly 
or  indirectly  buy,  sell,  barter,  deal  in  or  speculate  in  or  with 
any  certificate,  warrant,  or  other  evidences  of  indebtedness  of 
such  incorporated  city  or  town,  except  such  certificate,  warrant 
or  other  evidence  of  indebtedness  shall  have  been  lawfully 
issued  to  such  person  in  payment  of  Jiis  salary  or  in  compensa- 
tion for  service  rendered  by  him  or  for  supplies  furnished  by 
him  to  such  incorporated  city  or  town.  , 

Sec.  407. — Persons  Violating  Provisions  of  Section  405  and 
406  to  be  Fined  and  Imprisoned,  Removed  From  Office  and 
Disqualified  for  Five  Years  From  Holding  Office  of  Trust 
or  Profit. 

Any  person  who  shall  violate  any  of  the  provisions  of  the 
two  preceding  sections  shall,  upon  conviction  thereof  by  any 
court  of  competent  -jurisdiction,  be  punished  by  a  fine  of  not 
less  than  five  hundred  dollars,  and  not  more  than  one  thou- 
sand dollars,  and  by  imprisonment  not  less  than  one  month  and 
not  qiore  than  six  months  in  the  county  jail,  at  the  discretion 
of  the  court  trying  the  cause,  and,  in  addition  thereto,  the  per- 
son so  convicted  shall  be  removed  from  office  and  shall,  for  five 
years  thereafter,  be  disqualified  from  holding  any  office  of 
trust  or  profit  under  the  laws  of  this  territory. 

Sec.  408. — When  County  or  Municipal  Officers  are  Convicted 
Under  This  Act,  Clerk  of  District  Court  Shall  Make  Record 
of  Same,  and  Serve  Copy  on  County  Commissioners  or 
Proper  Board.    Office  Then  to  be  Declared  Vacant. 

Upon  the  conviction  of  any  county  or  municipal  officer 
under  the  provisions  of  this  act,  it  shall  be  and  it  is  hereby 
made  the  duty  of  the  clerk  of  the  district  court  in  which  such 


36  COMPILATION    OF   THE:   SCHOOL   LAWS 

person  was  convicted  to  make  record  of  the  conviction  of  such 
person  in  the  records  of  said  district  court,  and  to  immediately 
serve  or  cause  to  be  served  upon  the  board  of  county  com- 
missioners of  the  county  in  which  the  person  so  convicted  was 
an  officer  or  upon  the  board  of  councilmen  of  the  incorporated 
town  or  city  of  which  such  person  was  an  officer,  as  the  case 
may  be,  a  certified  copy  under  the  seal  of  said  district  court 
of  the  record  of  the  conviction  of  such  person  so  convicted, 
and  thereupon  the  person  so  convicted  shall  cease  to  be  an 
officer  of  said  county  or  incorporated  city  or  town,  and  the 
office  held  by  him  shall  be  vacant  and  thereupon  such  vacancy 
shall  be  filled  as  now  provided  by  law,  and  said  certified  copy 
of  the  conviction  of  such  person  shall  be  immediately  recorded 
in  the  records  of  such  county  or  of  such  incorporated  city 
or  town. 

Sec.  410. — Grand  Juries  to  he  Charged  Regarding  this  Act. 

Section  409.  (This  section  relates  only  to  clerks  of  district 
courts  and  deputies). 

That  this  act  shall  be  especially  given  in  charge  to  the 
grand  jury  at  each  and  every  term  of  the  district  courts  held 
in  this  territory. 


CORPORATIONS. 


CONTENTS. 

Sec.   457.      Organization  of  literary,  scientific  and  other  societies. 

Sec.   458.     Cleric  of  organization  to  malce  record  of  meeting  and  certify 
same  to  probate  cleric  for  record. 

Sec.   459.     Trustees  or  directors  to  have  perpetual   succession.     ' 
Society  may  elect  officers  and  make  by-laws. 
Vacancies  in  Boards  of  trustees  or  directors. 
Provisions  for  organizing  corporations  for  religious  or  char- 
purposes,   etc. 

Organizers  to  be  body  corporate. 
Corporation  to  then  have  usual  corporate  powers  and  privi- 

Copy  of  by-laws  to  be  filed  with  Territorial  Secretary. 
Real    estate    of    corporation    not   to    be   sold    or   mortgaged 
without  consent  of  Supreme  Court. 


Sec. 

460. 

Sec. 

461. 

Sec. 

462. 

itable 

Sec. 

463. 

Sec. 

464. 

leges. 

Sec. 

465. 

Sec. 

466. 

Sec.  457. — Debating,  Literary,  Scientific  and  Other  Societies 
for  Mutual  Benefit  and  not  Pecuniary  Profit  May  Elect 
Necessary  Officers  at  Called  Meeting  and  Have  Common 
Seal. 
It  shall  be  lawful  for  any  debating  society,  literary,  scien- 


OP  THS  TERRITORY   01^   NEW    MEXICO  [  37 

tific,  industrial  or  benevolent  association  or  community,  ace- 
quias  or  ditch  associations  or  companies  for  mutual  benefit  and 
not  for  pecuniary  profit  or  speculation  (other  than  colleges, 
universities,  academies  or  seminaries)  elect  at  any  meeting 
called  for  that  purpose,  not  less  than  three  nor  more  than  seven 
persons  to  serve  as  trustees  or  directors,  a  secretary  and  treas- 
urer and  such  other  officers  as  may  be  deemed  necessary,  who 
shall  hold  their  offices  for  one  year  and  until  their  successors 

,  are  elected  and  qualified.    Said  corporation  or  association  may 

.  have  a  common  seal. 

(Note:  The  compiled  laws  of  1897  say  "It  shall  be  unlaw- 
ful," etc.,  which  is  a  mistake  of  the  printer.  See  Section  232, 
Compiled  Laws,  1884).    See  Chap.  22,  Laws  1903,  p.  33. 

Sec.  458. — The  Clerk  of  Such  Organization  Shall  Make  Rec- 
ord of  Such  Meeting  and  Certify  Same  to  Probate  Clerk 
for  Record,  Whereupon  Such  Organization  Shall  be  Vested 
With  All  Powers  of  Aggregate  Corporations. 

The  clerk  so  appointed  shall  make  a  true  record  of  the 
proceedings  of  the  meeting  provided  for  by  section  four  hun- 
dred and  fifty-seven,  certify  and  deliver  the  same  to  the  clerk 
of  the  probate  court  of  the  county  in  which  such  meeting  shall 
be  held,  together  with  the  name  by  which  such  association  or 
society  shall  thereafter  desire  to  be  known.  And  it  shall  be  the 
duty  of  each  probate  clerk  in  this  territory  immediately  upon 
the  receipt  of  such  certified  statement  to  record  the  same  in  a 
book  of  record,  to  be  kept  by  him,  provided  for  that  purpose  at 
the  expense  of  the  county,  for  which  service  he  may  demand 
and  receive  the  sum  of  ten  cents  per  hundred  words ;  and  from 
and  after  making  such  record  by  the  clerk  of  the  probate  court, 
the  said  trustees  or  directors,  and  their  associated  members 
and  successors,  shall  be  vested  with  the  powers,  privileges  and 
immunities  incident  to  aggregate  corporations,  and  a  certified 
transcript  of  the  record  herein  authorized  to  be  made  by  the 
probate  clerk  shall  be  deemed  and  taken  in  all  courts  and  places 
whatsoever  in  this  territory  as  evidence  of  the  existence  of  such 
society,  association  and  corporation. 

Sec.  459. — The  Trustees  or  Directors  and  Successors  Shall 
Have  Perpetual  Succession,  With  the  Common  Powers  and 
Privileges  of  Corporations. 

The  trustees  or  directors  who  may  be  appointed  under  the 


3<S  COMPUTATION  or"  The  sciiool  laws 

provisions  of  this  act,  and  their  successors  in  office,  shall  have 
perpetual  succession  by  such  name  as  may  be  designated,  and 
by  such  name  shall  be  legally  capable  of  contracting' and  prose- 
cuting and  defending  suits,  and  shall  have  capacity  to  acquire, 
hold,  enjoy,  dispose  of  and  convey  all  property,  real  or  per- 
sonal, which  they  may  acquire  by  purchase,  donation  or  other- 
wise, for  the  purposes  of  carrying  out  the  intention  of  such 
society  or  association,  but  they  shall  not  acquire  or  hold  prop- 
erty for  any  other  purpose. 

Sec.  460. — Such  Society,  When  Incorporated,  May  Blect  Offi- 
cers and  Make  By-Laws. 

Such  society  or  association,  when  incorporated,  may  elect 
such  officers  and  make  such  by-laws,  rules  and  regulations  as 
may  be  necessary  and  expedient  for  its  own  government  and 
the  management  of  its  fiscal  and  other  affairs  to  effect  their 
respective  objects. 

Sec.  461. — Vacancies  in  Boards  of  Trustees  or  Directors  May 
Be  Filled,  and  Majority  to  Constitute  a  Quorum. 

If  said  board  of  trustees  or  directors  as  is  provided  by 
section  four  hundred  and  fifty-seven,  shall  be  vacated  either  in 
whole  or  in  part  by  death,  resignation  or  otherwise,  such  board 
of  trustees  or  directors  may  be  revived,  of  such  vacancy  or 
vacancies  filled  by  election  in  the  manner  pointed  out  in  sec- 
tion four  hundred  and  fifty-seven,  for  the  original  organization 
of  said  board,  and  a  majority  of  said  trustees  or  directors  shall 
be  a  quorum  for  the  transaction  of  business. 

Sec.  462. — Provisions  for  Organizing  Corporatioiis  for  Reli- 
gious, Benevolent,  Charitable,  Scientific  and  Literary  Pur- 
poses, and  for  Establishing  Colleges,  etc. 

Any  five  or  more  persons,  a  majority  of  whom  shall  be 
citizens  of  the  United  States,  and  residents  of  New  Mexico, 
may  organize  a  corporation  for  religious,  benevolent,  charita- 
ble, scientific  or  literary  purposes,  or  for  the  establishment 
of  colleges,  academies,  seminaries,  churches  or  libraries,  in  the 
following  manner : 

They  may  make  and  sign  a  certificate  setting  forth  the  namC' 
of  the  proposed  corporation,  its  objects,  location  and  term  of  its 
existence. 

Such  certificate  shall  be  acknowledged  by  at  least  five  of 


OF  THE  TERRITORY   OF   NEW    MEXICO  39 

its  signers  before  a  commissioner  of  deeds  or  notary  public 
within  the  territory,  and  shall  be  filed  in  the  office  of  the  secre- 
tary of  the  territory. 

Sec.  463. — Organizers  to   be  Body   Corporate,    Upon  Filing 

Certificate. 

Upon  such  filing,  the  persons  named  in  such  certificate 
shall  become  and  be  a  body  politic  and  corporate  by  the  name 
stated  in  said  certificate,  and  for  the  term  of  existence  therein 
specified. 

Sec.  464. — Corporation  to  Then  Have  Usual  Corporate  Pow- 
ers and  Privileges. 

Such  corporation  shall  have  power  to  sue  and  be  sued, 
and  to  have  and  use  a  corporate  seal,  to  take  such  real  and  per- 
sonal property  as  is  necessary  or  proper  for  the  furtherance  of 
its  objects  and  not  in  excess  of  the  amount  limited  by  law,  by 
purchase,  gift,  devise,  or  bequest,  and  use  or  occupy  the  same, 
and  to  make  such  by-laws  as  to  its  membership,  perpetuation 
and  government  as  it  shall  deem  proper. 

Sec.  465. — By-Laws  of  Such  Corporation  hivalid  Until  Copy 
Filed  With  Territorial  Secretary. 

A  copy  of  the  by-laws  of  each  of  such  corporations  shall 
be  filed  in  the  offices  of  the  secretary  of  the  territory,  and  all 
amendments  to  such  by-laws  shall  likewise  be  so  filed,  and  no 
by-law  shall  be  valid  until  filecias  aforesaid.  For  each  filing 
of  a  certificate  or  by-laws,  the  secretary  shall  receive  one  dollar. 

Sec.  466. — Real  Estate  of  Such  Corporation  Not  to  he  Sold 
or  Mortgaged  Without  Consent  of  Judge  of  Supreme 
Court. 

No  real  estate  belonging  to  any  such  corporation  shall 
be  sold  or  mortgaged,  except  by  consent  of  a  judge  of  the 
supreme  court,  which  consent  shall  be  founded  on  evidence 
showing  the  propriety  of  such  sale  or  mortgage,  and  such 
evidence  may  be  taken  by  a  master  or  referee,  if  so  decided  by 
the  judges. 

(But  see  Chap.  99,  Laws  1905). 


40  COMPIIvATlON    01^    THE   SCHOOL   I.AWS 

COUNTY  OFFICERS. 


CONTENTS. 

Sec.   6  84.      Persons  responsible  for  county  money  to  render  account  at 

January  term. 
Sec.   686.      Officers  failing  to  so  account  liable  to  fine. 
Sec.   6  87.     County  Commissioners  to  examine  into  sufficiency  of  country 

officers'  bonds. 
Sec.   768.      Probate  Clerks  to  subscribe  for  all  newspapers  published  in 

county. 
Sec.   769.     Probate  Clerk  to  bind  and  preserve  copies  of  county  news- 
papers. 
Sec.    771.      Penalty    for    abstracting,  destroying,  mutilating,   or  defacing 

probate  clerk's  files  of  county  newspapers. 
Sec.   791.     Penalty    for    interfering    with    County    Surveyor's    official 

duties. 
Sec.   843.     County    officers   not   to   act   as   sureties   on   bonds   of   other 

officers. 
Sec.   857.     Persons   unable   to  read  and   write   English   or  Spanish   are 

ineligible  for  office. 
Sec.   1.     Chapter  60,  S.  L.  1897.     (As  amended.)     Counties  divided  into 

classes. 
Sec.   12.     County   officers   to   file   quarterly   statement    of   receipts   and 

disbursements. 


Sec.  684. — Persons  Responsible  for  County  Money  to  Render 
Account  and  Settle  With  County  Commissioners  at  January 
Term;  Also  at  Other  Times  When  Notified  in  Writing. 
Balances  to  be  Turned  Into  County  Treasury. 

All  collectors,  sheriffs,  treasurers,  clerks,  constables  and 
all  other  persons  responsible  for  the  money  belonging  to  the 
county,  shall  render  their  accounts  to  settle  with  the  board  of 
county  commissioners  at  their  January  term  of  each  year  or  at 
any  regular  term  of  the  board  if  so  required  by  the  board  in 
writing;  and  pay  into  the  county  treasury  any  balance  which 
may  be  found  due  the  county,  and  take  duplicate  receipts  there- 
for, and  deposit  one  of  said  receipts  with  the  clerk  of  the  board 
within  five  days  thereafter. 

Sec.  686. — Officers  Failing  to  so  Account  and  Settle,  Liable  to 
Fine  of  From  Five  to  One  Hundred  Dollars. 

Every  ofificer  required  by  the  preceding  sections  to  report 
to  the  county  board  of  commissioners  who  shall  fail  or  neglect 
to  do  so  as  required  by  law,  shall  be  fined  in  a  sum  not  less  than 
five  nor  more  than  one  hundred  dollars. 


OF  THE  TERRITORY   OE   NEW    MEXICO  41 

Sec.  687. — County  Commissioners  to  Bxamine  Into  Sufficiency 
of  County  Officers'  Bonds,  and  to  Require  New  Bonds 
When  Necessary. 

It  shall  be  the  duty  of  the  board  of  county  commissioners 
of  each  county,  at  each  regular  term  an  the  first  day  of  each 
term  to  examine  and  inquire  into  the  sufficiency  of  the  official 
bond  of  the  collector,  sheriff,  treasurer,  clerk  of  probate  court, 
constables,  and  all  other  official  bonds  given  or  to  be  given  by 
any  county  officer  as  required  by  law,  and  if  it  shall  appear  that 
any  one  or  more  of  the  securities  on  the  official  bond  of  any 
county  officer  has  or  have  removed  from  the  county,  died,  or 
become  insolvent,  or  of  doubtful  solvency,  the  said  board  of 
county  commissioners  shall. cause  such  collector,  sheriff,  treas- 
urer, clerk,  constable  or  other  county  officer  to  be  summoned 
to  appear  before  the  said  board  on  a  day  to  be  named  in  said, 
summons,  to  show  cause  why  he  should  not  be  required  to  give 
a  new  bond  with  sufficient  security,  and  if  at  the  appointed  time 
he  shall  fail  to  satisfy  said  board  as  to  the  sufficiency  of  the 
present  security,  an  order  shall  be  entered  of  record  by  said 
board  requiring  such  treasurer,  clerk,  constable  or  other  county 
officer,  except  the  collector  or  sheriff,  to  file  in  the  office  of 
the  county  clerk  within  twenty  days,  a  new  bond  to  be  approved 
as  required  by  law,  unless  the  number  and  pecuniary  ability  of 
other  securities  on  said  bond  shall  be  such  as  to  satisfy  said 
board  that  the  bond  is  sufficient,  notwithstanding  one  or  more 
of  the  securities  on  said  bond  may  have  removed,  be  dead,  in- 
solvent, or  of  doubtful  solvency,  in  which  case  the  bond  in 
question  may  be,  in  the  discretion  of  the  board,  held  sufficient. 

Sec.  768. — Probate  Clerks  to  Subscribe  for  All  Newspapers 
Published  in  County. 

The  probate  clerks  of  the  several  counties  of  this  territory 
are  hereby  authorized  and  required  to  subscribe  for  such,  one 
copy  each,  newspapers  as  are  printed  and  published  in  their 
respective  counties. 

Sec.  769. — Probate  Clerk  to  Bind  and  Preserve  Copies  of  Re- 
spective County  Newspapers  for  Free  Reference.  On  Neg- 
lect of  Duty,  to  be  Fined  Fifty  Dollars,  One-Half  to  Go  to 
County  School  Fund. 

It  shall  be  the  duty  of  each  probate  clerk  to  receive  and 
preserve  every  copy  of  the  paper  or  papers  so  subscribed  for 


42      ■  COMPUTATION    OF   THE   SCHOOI,   LAWS 

and  from  time  to  time,  cause  the  same  to  be  properly  arranged 
and  bound  in  volumes  of  convenient  size  and  in  a  substantial 
manner,  and  said  volumes,  when  bound,  shall  be  kept  in  his 
office  for  the  use  of  the  courts,  when  needed,  of  strangers 
and  the  inhabitants  of  the  county,  all  of  whom  shall  have 
access  to  the  same  at 'all  times  during  ofhce  hours,  free  of 
charge.  For  his  services  in  this  behalf,  the  probate  clerk  shall 
receive  the  sum  of  ten  dollars  for  each  volume,  and  for  the 
neglect  of  the  duties  hereby  imposed  shall  forfeit  the  sum  of 
fifty  dollars,  to  be  recovered  with  costs  in  a  civil  action  before 
any  court,  one-half  of  which  shall  be  paid  into  the  county  school 
fund  and  the  other  half  to  the  person  who  shall  prosecute  such 
action  to  successful  termination. 

Sec.  771. — Persons  Abstracting,  Destroying,  Mutilating  or  De- 
facing Probate  Clerk's  Piles  of  County  Neivspap-ers  Liable 
to  Fine  Not  Exceeding  $500,  Half  to  Go  to  County  School 
Fund. 

Any  person  who  shall  willfully  abstract,  destroy,  mutilate 
or  deface  any  number  or  volume  of  such  nev/spapers  pur- 
chased in  pursuance  of  this  act,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall  be  fined  in  a  sum  not  exceeding  five 
hundred  dollars,  or  imprisonment  in  the  county  jail,  not  more 
than  six  months,  or  both  by  such  fine  and  imprisonment  in 
the  discretion  of  the  court:  Provided,  That  one-half  of  such 
fine  shall  be  paid  into  the  school  fund  of  the  county  where  such 
offender  may  be  convicted,  and  the  other  half  to  the  person 
who  shall  make  the  complaint. 

Sec.  791. — Persons  Threatening  or  Interfering  With  County 
Surveyors  in  Performance  of  Official  Duties,  Liable  to 
Fine  of  $^  to  $100,  and  Damages,  Said  Fine  to  Go  to 
Cowity  School  Fund. 

If  any  county  surveyor  shall  be  molested  or  prevented 
from  doing  or  performing  any  of  his  official  duties  by  means 
of  threats  or  improper  interference  of  any  person  or  persons, 
such  surveyor  shall  call  on  the  sheriff,  constable  or  other  peace 
officer  of  the  county,  who  shall  accompany  hiin  and  afford 
him  all  necessary  protection  against  any  person  or  persons 
thus  threatening  or  improperly  interfering  with  any  county 
surveyor  while  performing  his  official  duties ;  such  person 
or  persons  so  offending  shall,  on  conviction  thereof  before  any 
court  of  competent  jurisdiction,  be  fined   in  a  sum  not  less 


OF   THE   TERRITORY    OF    NEW    MEXICO  43 

than  five  dollars  ($5.00)  nor  exceeding  one  hundred  dollars 
($100.00),  and  moreover  be  liable  for  all  damages  caused  to 
any  person  by  the  hindrance  of  the  surveyor,  and  also  for  all 
the  expenses  that  may  accrue  in  consequence  of  the  attendance 
of  the  sheriff  or  officer  and  the  delay  of  the  surveyor:  Pro- 
vided, All  fines  imposed  under  the  provisions  of  this  section 
shall  be  paid  to  the  county  treasurer,  for  the  benefit  of  the 
public  school  fund  of  said  county. 

Sec.  843. — Cunnty  or  District  Officers  Shall  Not  Act  as  Sure- 
ties on  Bonds  of  Other  Officers. 

No  county  or  district  officer  shall  be  in  future  surety  on 
the  official  bond  of  another  county  officer,  and  no  such  officer 
who  shall  be  required  to  give  bond  shall  be  considered  as 
qualified,  if  any  other  of  the  officers  above  mentioned  shall 
give  such  bond.  -  / 

Sec.  857. — Persons  Unable  to  Read  and  Write  Hither  English 
or  Spanish  Well  Enough  to  Keep  Their  Own  Record,  In- 
eligible for  Positions  of  Trust. 

That  hereafter  in  this  territory,  no  person  who  cannot 
.read  and  write  sufficiently  well  to  keep  his  own  record  in  either 
the  English  or  Spanish  languages,  shall  be  ineligible  to  be 
elected  or  appointed  to  or  hold  the  office  of  justice  of  the 
peace,  constable,  school  director,  school  treasurer  or  any  other 
office  or  position  of  trust  in  which  writing  is  required  to  be 
done  or  a  record  is  required  to  be  kept. 

(See  Sections  863-867). 

Sec.  12. — County  and  Precinct  Officers  to  File  Under  Oath 
With  Probate  Clerk  Detailed  Quarterly  Statements  of  Re- 
ceipts and  Disbursements.  Making  of  False  Statements 
Deemed  Perjury,  and  Failure  to  File  Statements  Canse 
for  Removal. 

All  county  and  precinct  officers  shall  be  required  to  make 
and  file  with  the  probate  clerks  of  their  respective  counties, 
quarterly  statements  showing  in  detail  the  amounts  of  all  pub- 
lic moneys  received,  collected  or  disbursed  by  them,  which 
said  statements  shall  be  verified  by  the  oath  of  the  officers 
making  the  same.  Any  officer  knowingly  making  any  false 
statement  of  the  accounts  herein  provided  for  shall  be  deemed 
guilty  of  perjury  and  shall  be  punished  as  provided  by  law  in 


44  COMPILATION    Q-e   THE   SCHOOIv   I^AWS 

Other  cases  of  perjury.  Such  statements  shall  be  filed  on  or 
before  the  first  day  of  January,  April,  July  and  October  of  each 
year;  and  any  of  said  officers  failing  to  make  such  statements 
as  herein  provided,  may  be  removed  from  office  by  the  county 
commissioners. 

This  section  shall  take  effect  September  1,  1897.    . 


CRIMES  AND   OFFENSES. 


CONTENTS. 

Sec.   1103.  Burning  at  night  of  school,  church  or  other  buildings. 

Sec.   1104.  Burning    in    the    day-time    of    school,    church    or    other 

buildings. 

Sec.   1113.  Larceny  from  said  buildings.     Penalty  for 

Sec.   1125.  Embezzlement. 

Sec.   1126.  Punishm^^nt  for  embezzlers. 

Sec.   1263.  Unlawful  to  maintain  opium  or  hop  joint 

Sec.    1264.  Penalty  for  violating  preceding  section. 

Sec.   1265.  Half  of  opium  joint  fines  to  go  to  the  school  fund. 

Sec.    1268.  Saloon  keepers  allowing  minors  to  play  games  on  premises 

liable  to  fine. 

Sec.   126  9.  Half  of  fines  imposed  by  preceding  section  to  go  to  school 

fund. 

Sec.   1272.  Illegal  to  sell,  use,  give  or  drink  liquor  on  election  day. 

Sec.   1273.  Half  of  fine  for  violating  provisions  of  preceding  section 

to  go  to  school  fund. 

Sec.   1274.  Enclosures  on   public  land  illegal. 

Sec.   1296.  Enclosures  to  have  gates  at  all  crossings  of  public  roads 

and  trails. 

Sec.   12  97.  Damages  to  enclosures  by  animals. 

Sec.   12  98.  Penalty  for  occupying  public  land  under  pretext  of  a  deed. 


Sec.  1103. — Wilful  Burning  at  Night  of  Certain  Buildings, 
Including  Colleges  and  Academies,  Punishable  by  Imprison- 
ment of  Prom  One  to  P  if  teen  Years. 

Every  person  who  shall  wilfully  and  maliciously  burn, 
in  the  night-time,  any  meeting  house,  church,  court  house, 
town  house,  college,  academy,  jail,  or  other  building  erected 
for  public  use,  or  any  banking  house,  warehouse,  store,  manu- 
factory, or  mill  of  another,  or  any  barn  stable,  shop,  or  office 
of  another,  within  the  curtailage  of  any  dwelling  house  or  any 
other  building,  by  the  burning  of  which  any  building  men- 
tioned in  this  section  shall  be  burned  in  the  night-time,  shall  be 
punished  by  imprisonment  in  the  county  jail  or  territorial 
prison  not  more  than  fifteen  years  nor  less  than  one  year. 


OP  THE  TERRITORY   OE   NEW    MEXICO  45 

Sec.  1 104. — Wilful  Burning  in  the  D ay-Time  of  Certain  Build- 
ings, Including  Colleges  and  Academies,  Punishable  by  Im- 
prisonment of  From  Six  months  to  Bight  Years. 

Every  person  who  shall  wilfully  and  maliciously  burn,  in 
the  day-time,  any  building  mentioned  in  the  next  preceding 
section,  the  punishment  for  which,  if  burnt  in  the  night-time, 
would  be  imprisonment  in  the  county  jail  or  territorial  prison, 
not  more  than  fifteen  years  nor  less  than  one  year,  shall  be 
punished  by  imprisonment  in  the  county  jail,  or  territorial 
prison,  not  more  than  eight  years  nor  less  than  six  months. 

Sec.  1 1 13. — Larceny  From,  or  Breaking  and  Entering,  Certain 
Buildings,  Including  Colleges  and  Academies,  Punishable 
by  Fine  and  Imprisonment. 

Every  person  who  shall  commit  the  crime  of  larceny,  in 
any  dwelling  house,  office,  shop  or  warehouse,  or  shall  break 
and  enter,  in  the  night-time  or  day-time,  any  meeting  house, 
church,  court  house,  town  house,  college,  academy,  or  any 
other  public  building  erected  for  public  use,  and  steal  there- 
from, shall  be  punished  by  imprisonment  in  the  county  jail  or 
territorial  prison  not  more  than  three  years  or  less  than  three 
months,  or  by  a  fine  not  exceeding  one  thousand  dollars  nor  less 
than  fifty  dollars. 

Sec.  1125. — Persons  Converting  Territorial,  County,  Precinct 
or  City  Money  to  Ozvn  Use,  or  Loaning  Without  Interest 
or  Neglecting  to  Pay  Over  Same  According  to  Law,  Guilty 
of  Embezzlement. 

If  any  person,  having  in  his  possession  any  money  belong- 
ing to  this  territory,  or  any  county,  precinct  or  city,  or  in 
which  this  territory,  or  any  collector  or  treasurer  of  any  pre- 
cinct or  county,  or  the  treasurer  or  disbursing  officer  of  this 
territory,  or  any  other  person  holding  an  office  under  the 
laws  of  this  territory,  to  whom  is  entrusted  by  virtue  of  his 
office,  or  shall  hereafter  be  intrusted  with  the  collection,  safe 
keeping,  receipt,  disbursement,  or  the  transfer  of  any  tax, 
revenue,  fine  or  other  money,  shall  convert  to  his  own  use,  in 
any  way  or  manner  whatever,  any  part  of  said  money,  or  shall 
loan,  with  or  without  interest,  any  part  of  the  money  intrusted 
to  his  care  as  aforesaid,  or  wilfully  neglect  or  refuse  to  pay 
over  said  money,  or  any  part  thereof,  according  to  the  pro- 
visions of  law,  so  that  he  shall  not  be  able  to  meet  the  demands 


46  COMriLATlON    OF   THE    SCHOOL    LAWS 

of  any  person  lawfully  demanding  the  same,  whether  such 
demand  be  made  before  or  after  the  expiration  of  his  office, 
he  shall  be  deemed  and  adjudged  to  be  guilty  of  an 
embezzlement. 

Sec.    1126. — Punishment  for  Bnibezzlcrs,  Varying  With 
Amount  Bmhczdcd. 

Any  person  who  shall  be  guilty  of  embezzling  any  money 
prohibited  by  this  or  the  last  preceding  section,  not  exceeding 
in  amount  the  sum  of  one  hundred  dollars,  shall,  upon  convic- 
tion, be  punished  by  imprisonment  in  the  county  jail  not  more 
than  one  year  nor  less  than  three  months ;  and  any  person  who 
shall  be  convicted  of  embezzling  a  greater  sum  than  one  hun- 
dred dollars,  shall  be  punished  by  imprisonment  in  the  county 
jail  or  territorial  prison  not  more  than  three  years  nor  less 
than  one  year,  and  by  fine  in  each  case  of  twice  the  amount 
so  embezzled ;  and  if  the  court  cannot  determine,  from  the  ver- 
dict of  the  jury  or  otherwise,  the  amount  of  the  sum  embezzled, 
they  shall  impose  such  fine  as  in  their  discretion  shall  be  ade- 
quate and  corresponding  as  nearly  as  may  be  with  the  penalty 
imposed  by  this  section;  and  every  refusal  by  an  officer  to  pay 
any  sum  lawfully  demanded,  shall  be  deemed  guilty  of  an 
embezzlement  of  the  sum  so  demanded. 

(See  Section  1129). 

Sec.    1263. — Unlazvfiil  to  Maintain  Opium  or^Hop  Joint. 

It  shall  be  unlawful  for  any  person  to  keep  or  maintain  a 
place  for  the  purpose  of  furnishing  opium  to  others,  or  what 
is  commonly  known  as  hop  joint  or  opium  joint;  Provided, 
hoivever.  That  the  provisions  of  this  section  shall  not,  in  any 
wise  apply  to  druggists  who  may  dispose  or  sell  the  same  upon 
the  prescription  of  a  physician. 

Sec.   1264. — Violation  of  Terms  of  Preceding  Section  a  Mis- 
demeanor, Punishahle  by  Fine  and  Imprisonmnent. 

Any  person  violating  the  provisions  of  the  preceding  sec- 
tion shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  before  a  justice  of  the  peace,  or  the  district  court 
or  any  competent  tribunal  shall  be  fined  in  any  sum  not  less 
than  twenty-five  dollars  nor  more  than  two  hundred  and  fifty 
dollars,  of  he  shall  be  sentenced  to  imprisonment  at  hard  labor, 
in  the  county  jail,  for  a  term  of  not  less  than  one,  nor  more 


OF   THE    TERRITORY    OF    NEW    MEXICO  47 

than  six  months,  or  both  said  fine  and  imprisonment,  in  the 
discretion  of  the  court  or  jury  trying  the  case. 

Sec. '1265. — Half  of  Opium  Joint   Fines   to   Co   to   District 
'School  Fund. 

All  fines  imposed  under  the  provisions  of  this  act,  one- 
half  shall  go  to  the  prosecuting  witness,  and  the  other  to  the 
treasurer  and  for  the  benefit  of  the  school  district  wherein  the 
offense  was  committed. 

Sec.    1268. — Saloon  Keepers  Allowing  Minors  to  Play  Games 
on  Premises,  Liable  to  Fine  of  Ten  to  One  Hundred  Dollars. 

Any  saloon  keeper  who  shall  permit  any  minor,  under  the 
age  of  twenty-one  years,  to  play  the  game  of  billiards,  pool,  or 
any  game  of  cards  or  dice,  or  any  other  game  on  his  premises, 
on  conviction  thereof  before  the  district  court,  or  before  any 
justice  of  the  peace,  shall  be  punished  by  a  fine  n^t  less  than 
ten  dollars,  nor  more  than  one  hundred  dollars. 

Sec.    1269. — Half  of  Fines  Imposed  by  Preceding  Section  to 
Go  to  School  Fund. 

All  fi4ies  imposed  under  the  provisions  of  this  act  shall  be. 
one-half  for  the  county  fund,  and  the  other  half  for  the  school 
fund  in  which  the  offense  is  committed. 

Sec.    1272. — Illegal  to  Sell,    Use,  Give  or  Drink  Liquor  on 

Election  Days. 

It  shall  be  illegal  for  any  person  or  persons  in  this  territory 
to  sell,  use  or  give,  drink,  or  dispose  of,  any  intoxicating  or 
spirituous  liquors  on  the  day  of  any  general  or  special  election 
in  this  territory. 

Sec.   1273. — Half  of  Fine  for  Halation  of  Provisions  Preced- 
ing Section  to  Go  to  School  Fund. 

Any  person  who  shall  violate  the  provisions  of  this  act, 
on  conviction  thereof  before  any  justice  of  the  peace  or  district 
court,  shall  be  punished  by  a  fine  of  not  less  than  twenty-five 
dollars  and  not  exceeding  one  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail,  in  which  such  offense  may  have  been 
committed,  for  a  term  not  exceeding  thirty  days,  nor  less  than 
twenty  days.     The  half  of  said  fine  to  be  paid  to  the  person 


48  COMPILATION    01?   THE   SCHOOL   LAWS 

who  informs  or  prosecutes  the  violators  of  this  act,  and  the 
other  half  shall  be  paid  into  the  school  funds. 
(See  Section  1276). 

Sec.  1295. — Illegal  to  Construct  and  Maintain  Enclosures  on 
Public  Land,  if  Prejudicial  to  Others,  Unless  Permitted  by 
United  States  Laws. 

It  shall  not  be  legal  for  any  person  or  persons,  company 
or  corporation,  to  construct  and  maintain  enclosures  upon  land 
considered  and  held  as  public  land  in  this  territory,  nor  to  ap- 
ply the  same  to  private  use,  which  may  result  in  prejudice  to 
the  citizens  thereto,  unless  the  same  be  made  and  sustained  in 
conformity  with  the  provisions  of  the  United  States  laws  rela- 
tive to  government  lands.    -* 

Sec.  1296. — Enclosures  to  Have  Gates  at  All  Crossings  of 
Public  Roads  and  Trails. 
■  Whenever  enclosures  are  constructed  upon  land,  whether 
private  or  particular,  of  any  person  or  persons,  and  upon  which 
land  a  public  road  or  trail  may  cross,  and  whieh  is  necessary 
for  the  free  transit  of  the  public,  the  person  or  persons,  owners 
of  such  enclosure  or  land  shall  not  construct  the  same  in  such 
a  manner  as  to  prevent  the  travel  on  said  roads,  but  the  same 
shall  be  properly  kept  under  gates,  easy  to  be  opened  and 
closed,  and  no  owner  or  owners  of  said  lands  or  enclosures, 
observing  the  provisions  of  this  act,  shall  be  considered  as  ob- 
structing or  embarrassing  said  public  roads. 

Sec.  1297. — Owners  of  Bnclosiires  Bordering  and  Not  Cross- 
ing Public  Roads  May  Recover  for  Damages  to  Enclosures 
by  Animals. 

If  any  person  owning  and  legally  possessing  lands  in  this 
territory,  shall  construct  or  cause  to  be  constructed  enclosure 
without  crossing  any  public  road,  following  his  enclosures 
along  both  sides  of  said  road,  or  roads,  then,  and  in  such  case 
the  owner  or  owners  of  said  enclosure  or  enclosures  shall  be 
entitled  to  recover  damages  caused  by  animals  or  otherwise, 
originated  within  said  enclosures,  before  any  court  having 
jurisdiction  in  the  matter. 

Sec.   1298. — Persons  Under  Pretext  of  Deed  Occupying,  or 
Trying  to  Deprive  Others  of  Free  Use  of  Public  Land, 
Liable  to  Fine,  to  be  Paid  Into  Public  School  Fund. 
Any  person  who  shall,  contrary  to  the  provisions  of  this 


OF   the;   territory    of   new    MEXICO  19 

act,  be  found  occupying,  or  trying  to  deprive  others  of  the  free 
use  and  pasturing  upon  public  land,  under  the  pretext  of  a 
deed,  upon  conviction  thereof  before  any  court  having  jurisdic- 
tion in  the  matter,  shall  be  fined  in  a  sum  of  not  less  than  ten 
dollars,  and  shall  besides,  be  liable  for  the  damages  caused 
thereto,  which  fines  shall  be  paid  into  the  public  school  fund  of 
the  county  where  the  infraction  may  take  place. 


SABBATH  OBSERVANCE. 


CONTENTS. 

Sec.  1368.  Sunday  sports,  public  meetings  and  exhibitions,  except  for 
religious  worship,   prohibited. 

Sec.   1369.     Fines  for  infraction   of  Sunday  law  to  go  to  school  fund. 

Sec.   1370.     Certain  labors  permissible   on  Sunday. 

Sec.   1372.     Definition  of  Sunday. 

Sec.  1374.  Attorney  General  and  district  attorneys  to  prosecute  Sab- 
bath   breakers. 


Sec.  1368. — Sunday  Sports,  Public  Meetings  and  Exhibitions, 
Except  for  Religious  Worship,  and  Sunday  La.bor  Except 
Works  of  Necessity,  Punishable  by  Fines  and  Imprison- 
ment. 

Any  person  or  persons  who  shall  be  found  on  the  first 
day  of 'the  week,  called  Sunday,  engaged  in  any  sports,  or  in 
horse  racing,  cock  fighting,  or  in  any  other  manner  disturbing^ 
any  worshiping  assembly,  or  private  family,  or  attending 
any  public  meeting,  or  public  exhibition,  excepting  for  reli- 
gious worship,  or  instruction,  or  engaged  in  any  labor,  except 
works  of  necessity,  charity  or  mercy,  shall  be  punished  by  a 
fine  not  exceeding  fifteen  dollars,  nor  less  than  five  dollars, 
or  imprisonment  in  the  county  jail  of  not  more  than  fifteen 
days,  nor  less  than  five  days,  in  the  discretion  of  the  court, 
upon  conviction  before  any  district  court. 

Sec.   1369. — Pines  for  Infraction  of  Sutfday  Law  to  Go  to 
District  School  Fund. 

All  fines  collected  junder  this  act  to  be  applied  to  the 
school  fund  of  the  district  in  which  the  offense  was  committed. 
It  shall  be  the  duty  of  any  sheriff,  collecting  said  fine,  to  pay 
the  same  to  the  county  treasurer,  to  the  credit  of  the  school  dis- 
trict of  the  county  in  which  the  said  offense  was  committed, 


50  COMPILATION    OP    THE    SCHOOI.    LAWS 

within  thirty  days  after  collecting  said  fine,  and  take  his  re- 
ceipt therefor. 

Sec.   1370. — Certain  Labors  Permissible  on  Sunday. 

It  shall  be  lawful  in  cases  of  necessity  for  farmers  and 
gardeners  to  irrigate  their  lands,  and  when  necessary  to  pre- 
serve the  same  to  remove  grain  and  other  products  from  the 
fields  on  said  day;  and  nothing  in  this  act  shall  be  construed 
to  prevent  coOks,  waiters  and  other  employes  of  hotels  and 
restaurants,  and  of  butchers  and  bakers,  from  performing  their 
duties  on  said  day. 

Sec.   1372. — Definition  of  Sunday. 

Sunday,  for  the  purpose  of  this  act,  shall  be  regarded  as 
the  time  between  sunrise  and  midnight  of  said  day. 

Sec.   1374. — Attorney  General  and  District  Aftomeys  to  Prose- 
cute Sabbath  Breakers.  ' 

It  is  hereby  made  the  duty  of  the  attorney  general  and 
district  attorneys,  to  prosecute  offenders  against  the  provisions 
of  this  act,  and  they  shall  be  entitled  to  receive  a  fee  of  five 
dollars  for  each  conviction,  and  to  be  taxed  as  other  costs. 


DEADLY   WEAPONS. 


CONTENTS. 

Sec.   1377.     Persons    carrying   deadly   weapons    in    settlements,    except 

by  legal  authority,  liable  to  fine  and  imprisonment. 
Sec.   1378.     Persons  drawing  deadly  weapons  on  others. 

Assaulting  with   deadly  weapons. 

Drawing,    flourishing    or    discharging    fire    arms    in    public 


Sec. 

1379. 

Sec. 

1380. 

places. 

Sec. 

1381. 

Sec. 

1383. 

Sec. 

1384. 

Sec. 

1386. 

Armed  persons  insulting  or  assaulting  others. 
Meaning  of  deadly  weapons. 

Travelers  may  carry  arms  for  personal  protection. 
Hotel,  saloon  and  dance  hall  keepers  to  conspicuously  post 
this  law  in  English  and  Spanish. 
Sec.   1389.      Fines  collected  under  this  act  to  go  to  county  school  fund 


Sec.    1377. — Persons    Carrying    Deadly    Weapons   in   Settle- 
ments, Bxcept  by  Legal  Authority  or  Threatened  With 
Danger,  Liable,  to  Fine  and  Imprisonment. 
That    any    person    who    shall    hereafter    carry    a    deadly 


O?   TH^   territory   of   new    MEXICO  51 

weapon,  either  concealed  or  otherwise,  on  or  about  the  settle- 
ments of  this  territory,  except  it  be  in  his  or  her  residence, 
or  'on  his  or  her  landed  estate,  and  in  the  lawful  defense  of 
his  or  her  person,  family  or  property,  the  same  being  then  and 
there  threatened  with  danger,  or  except  such  carrying  be  done 
by  legal  authority,  upon  conviction  thereof,  shall  be  punished 
by  a  fine  of  not  less  than  fifty  dollars,  nor  more  than  three 
hundred,  or  by  imprisonment  not  less  than  sixty  days,  nor 
more  than  six  months,  or  by  both  such  fine  and  imprisonment, 
in  the  discretion  of  the  court  or  jury  trying  the  same. 

Sec,  1378. — Persons  Drazving  Deadly  Weapons  on  Others  Ex- 
cept in  Defense  of  Life  or  Property,  or  by  Legal  Authority, 
Liable  to  Fine  and  Imprisonment. 

Any  person  who  shall  draw  a  deadly  weapon  on  another, 
or  who  shall  handle  a  deadly  weapon  in  a  threatening  man- 
ner, at  or  towards  another,  in  any  part  of  this  territory,  except 
it  be  in  the  lawful  defense  of  himself,  his  family  or  his  prop- 
erty, or  under  legal  authority,  upon  conviction  thereof,  shall 
be  fined  in  any  sum  not  less  than  one  hundred  dollars,  nor  more 
than  five  hundred  dollars,  or  by  imprisonment  at  hard  labor 
in  the  county  jail  or  territorial  penitentiary  not  less  than  three 
months,  nor  more  than  eighteen  months,  or  by  both  such  fine 
and  imprisonment,  in  the  discretion  of  the  court  or  jury  trying 
the  same. 

Sec.   1379. — Persons  Assaulting  Others  With  Deadly  Weapons 
Liable  to  Fine  and  Imprisonment. 

Any  person  who  shall  unlawfully  assault  or  strike  at 
another  with  a  deadly  weapon,  upon  conviction  thereof  shall 
be  punished  by  a  fine  not  exceeding  one  thousand  dollars,  or 
by  imprisonment  at  hard  labor  in  the  county  jail  or  territorial 
penitentiary,  not  exceeding  three  years',  in  the  discretion  of  the 
court  or  jury  trying  the  same. 

Sec.  1380. — Drazving,  Flourishing  or  Discharging  Firearms  in 
Public  Places  Unlazvful,  Except  in  Defense  of  Life  or 
Property,  Person  Offending  Liable  to  Fine  and  Imprison- 
ment. 

Any  person  who  shall  unlawfully  draw,  flourish  or  dis- 
charge a  rifle,  gun  or  pistol  within  the  limits  of  any  settle- 
ment in  this  territory,  or  within  any  saloon,  store,  public  hall. 


52  COMPILATION    OF   THE   SCHOOL   LAWS 

dance  hall  or  hotel,  in  this  territory,  except  the  same  be  done 
by  lawful  authority,  or  in  the  lawful  defense  of  himself,  his 
family  or  his  property,  upon  conviction  thereof,  shall  be  pun- 
ished by  a  fine  of  not  more  than  one  thousand  dollars,  or  by 
imprisonment  for  a  term  of  not  more  than  three  years,  or  by 
both  such  fine  and  imprisonment,  in  the  discretion  of  the  court 
or  jury  trying  the  same.  The  word  settlement,  as  used  in  this 
act,  shall  be  construed  to  mean  any  point  within  three  hundred 
yards  of  any  inhabited  house,  in  the  Territory  of  New  Mexico. 

Sec.  1381. — Armed  Persons  Insulting  or  Assaulting  Others  by 
Word  or  Otherwise,  Without  Sufficient  Provocation,  Lia- 
ble to  Fine  and  Imprisonment. 

Any  person  being  armed  with  a  deadly  weapon  who  shall, 
by  words.  Or  in  any  other  manner,  insult  or  assault  another 
without  sufficient  provocation,  upon  conviction  thereof  shall 
be  punished  by  a  fine  of  not  less  than  one  hundred  dollars,  nor 
more  than  three  hundred  dollars,  or  by  imprisonment  at  hard 
labor  in  the  county  jail  or  territorial  penitentiary,  for  not  less 
than  three  months  nor  more  than  one  year,  or  by  both  such 
fine  and  imprisonment  in  the  discretion  of  the  court  or  jury 
trying  the  same. 

Sec.   1383. — Meaning  of  Deadly  Weapons. 

Deadly  weapons,  within  the  meaning  of  this  act,  shall  be 
construed  to  mean  all  kinds  and  classes  of  pistols,  whether  the 
same  be  a  revolver,  repeater,  derringer,  or  any  kind  or  class  of 
pistol  or  gun ;  any  and  all  kinds  of  daggers,  bowie-knives,  pon- 
iards, butcher  knives,  dirk  knives,  and  all  such  weapons  with 
which  dangerous  cuts  can  be  given,  or  with  which  dangerous 
thrusts  can  be  inflicted,  including  sword-canes,  and  any  kind 
of  sharp  pointed  canes;  as  also  slug-shots,  bludgeons  and  any 
other  deadly  weapons  with  which  dangerous  wounds  can  be 
inflicted. 

Sec.    1384. — Travelers  May  Carry  Arms  for  Personal 
Protection. 

Persons  traveling  may  carry  arms  for  their  own  protec- 
tion, while  actually  prosecuting  their  journey,  and  may  pass 
through  settlements  on  their  road  without  disarming;  but  if 
such  travelers  shall  stop  at  any  settlement  for  a  longer  time 
than  fifteen  minutes  they  shall  remove  all  arms  from  their 


OF  TH^  TERRITORY   OF   NEW.  MEXICO  53 

person  or  persons,  and  not  resume  the  same  until  upon  eve  of 
departure. 

(Officers  may  carry  arms;  when). 

Sec.  1386. — Hotel,  Saloon  and  Dance  Hall  Keepers  to  Con- 
spicuously Post  This  Law  in  Both  English  and  Spanish. 
Proprietors  Bailing  to  Call  Attention  of  Violators  to  Law 
Liable  t.o  Fine. 

Every  keeper  of  hotel,  boarding  house,  bar  room,  drink- 
ing saloon  or  place  where  liquor  is  sold,  or  dance  hall,  in  this 
territory,  shall  keep  conspicuously  posted  up,  a  copy  of  this 
act,  in  both  the  English  and  Spanish  languages,  and  it  is  hereby 
made  the  duty  of  every  such  keeper  of  a  hotel,  boarding  house, 
bar  room,  drinking  saloon  or  place  where  liquor  is  sold,  or 
dance  halls,  or  the  person  in  charge  of  the  same,  who  shall  be- 
come cognizant  of  any  violations  of  the  provisions  of  this  act, 
in,  upon  or  about  their  premises,  to  immediately  and  at  once 
direct  the  attention  of  such  violator  to  the  provisions  of  this 
act,  and  upon  a  failure  of  such  keeper  of  a  hotel,  boarding 
house,  bar  room,  drinking  saloon,  or  place  where  liquor  is  sold, 
or  dance  hall,  or  the  person  in  charge  thereof,  to  do  so,  he  or 
Uiey  shall  be  liable  to  pay  a  fine  of  not  less  than  five  dollars,  nor 
more  than  fifty  dollars. 

Sec.   1389. — Fines  Collected  Under  This  Act  to  Go  to  County 

School  Fund. 

All  fines  and  penalties  accruing  from  the.  violation  of  the 
provisions  of  this  act  shall  be  paid  into  the  county  treasury  of 
the  county  in  which  such  violation  occurs,  to  the  credit  and 
for  the  benefit  of  the  school  fund  of  said  county. 


54  COMPUTATION    OF   THE   SCHOOL    I^AVVS 

GUARDIANS   AND   WARDS. 


CONTENTS. 

Sec.  1437.  Father  and  mother  as  guardians.  - 

Sec.  1447.  Education   of  ward. 

Sec.  1465.  Ciistody  of  children's  person,  education  and  estate. 

Sec.  1471.  Guardians  to  make  annual  settlements  with  probate  court. 


Sec.  1437. — Father  the  Natural  Guardian  of  Children,  and  the 
Mother  if  Father  is  Dead  or  Has  Abandoned  Them.  Must 
be  Appointed  by  the  Court  in  Order  to  Manage  Children's 
Estate. 

The  father,  and,  in  case  of  his  death  or  abandonment  of 
his  family,  the  mother,  shall  be  the  natural  guardian  of  their 
children,  and  shall  have  the  care  of  their  persons  and  educa- 
tion; but  in  no  case  shall  they  have  the  care  and  management 
of  their  estates,  except  they  be  appointed  by  the  court  for  that 
purpose,  when  they  shall  give  bond  and  security  in  the  same 
manner  as  other  guardians. 

Sec.  1447. — Probate  Court  May  Direct  Guardian  to  SpeM 
Specified  Sum  for  Education  and  Maintenance  of  Ward, 
Even  Exceeding  Income  of  Estate, 

The  probate  court  may  direct  a  guardian  to  expend  for 
the  maintenance  and  education,  if  it  shall  be  necessary,  of  his 
ward,  a  specified  sum,  although  such  sum  may  exceed  the  in- 
come of  the  ward's  estate;  but  without  such  direction,  the 
guardian  shall  not  be  allowed,  in  any  case,  for  the  maintenance" 
and  education  of  the  word,  more  than  the  clear  income  of 
the  estate. 

Sec.  1465. — Custody  of  Children's  Person,  Education  and  Es- 
tate in  Hands  of  Father,  if  Living,  and  if  not,  in  Hands  of 
Mother.     When  Bond  Shall  be  Given. 

In  all  cases,  not  otherwise  provided  for  by  law,  the  father 
while  living,  and  after  his  death  and  when  there  shall  be  no 
lawful  father,  then  the  mother  if  living,  shall  be  the  natural 
guardian  of  the  children,  and  have  the  custody  and  care  of 
their  persons,  education,  and  estates,  and  when  such  estate  is 


OF   THE  TERRITORY   OF   NEW    MEXICO  55 

not  derived  from  the  parent  acting  as  guardian,  such  parent 
shall  give  security  and  account  as  other  guardians. 

Sec.  1471. — Guardians  to  Make  Annual  Settlements  with  Pro- 
bate Court,  and  if  in  Charge  of  Child's  Bducation,  Such 
Bxpenditures  to  be  Reported  Under  Oath.  Guardian's  Neg- 
lect to  Report  May  Subject  Him  to  Imprisonment. 

Guardian  and  curators  shall  make  annual  settlements 
with  the  probate  court,  in  which  their  proceedings  shall  be, 
beginning  at  the  first  term  after  the  beginning  of  a  year  from 
their  appointments  or  admission  respectively,  and  at  each  cor- 
responding annual  term  as  near  as  may  be,  until  their  final 
settlement;  and  in  such  settlements  guardians,  having  the  care 
and  education  of  the  minors,  shall  make  a  statement  on  oath 
of  the  application  of  all  moneys  directed  by  the  court  to  be 
applied  by  them  to  the  education  of  their  wards.  Guardians 
and  curators  neglecting  or  refusing  .to  make  such  settlements 
or  statements  on  oath  herein  required,  shall  be  liable  to  be 
attached  and  imprisoned  until  they  make  such  settlements  and 
statements,  the  court  first  making  a  rule  on  them  respectively, 
to  show  cause  why  they  should  not  be  so  proceeded  against. 


ORPHANS    AND    POOR    CHILDREN, 
APPRENTICESHIP. 


CONTENTS. 

Sec.   1472.     Justices  of  peace  to  report  orphan  children. 

Sec.  1473.  Person  to  whom  child  is  apprenticed  to  give  bond  to 
properly  clothe,  treat  and  instruct  child. 

Sec.   1479.     Probate  court  to  examine  into  condition  of  orphans. 

Sec.  1481.  Guardians  to  choose  masters  for  apprentices  under  ten 
years   of  age. 

Sec.  1482.  Probate  court  to  apprentice  children  of  parents  unable  or 
neglecting  to  support  and  educate  them. 

Sec.   1483.     Parents  may  apprentice  minor  children. 

Sec.  148  4.  Provisions  for  education  of  children  apprenticed  by 
parents. 

Sec.  1485.  Probate  court  to  hear  and  determine  complaints  of  ap- 
prentices. 

Sec.   1496.     Adoption  of  children   by   adult  persons   or  by   institutions. 


Sec.   1472. — Justices  of  Peace  to  Report  to  Probate  Judges  All 
Orphan  Children  and  Those  Whose  Parents  Are  too  Poor 
to  Maintain  Them.    Probate  Court  to  Investigate  and  Bind 
Children  Out. 
It  shall  be  the  duties  of  the  justices  of  the  peace  of  each 


56  COMPUTATION    OF   THE   SCHOOIv   I.AWS 

precinct  of  the  different  counties,  at  the  regular  terms  of  the 
probate  courts,  to  make  returns  to  the  probate  judges  of  all 
the  orphan  children,  poor  and  other  children  in  his  precinct, 
the  parents  of  which  cannot  maintain  them ;  and  it  shall  be  the 
duty  of  the  judge  of  probate,  when  said  lists  are  presented, 
to  investigate  for  proof;  and  if  he  shall  find  it  to  be  true  that 
said  children  are  poor  orphans,  or  that  their  parents  are  not 
maintaining  them,  to  bind  out  such  children  as  apprentices  to 
such  person  as  the  probate  court  may  approve,  until  they  reach 
the  age  of  twenty-one  years,  if  males,  or  until  they  reach  the 
age  of  eighteen  years,  if  females. 

Sec.  1473. — Person  to  Whom  Child  Apprenticed  to  Give  Bond 
to  Properly  Clothe,  Treat  and  Instruct  Child.  Other  Pro- 
visions. 

Any  person  to  whom  a  child  shall  be  bound  as  apprentice, 
shall  be  required  by  the  judge  of  probate,  to  give  bond  in  the 
sum  of  not  more  than  five  hundred  dollars,  payable  to  the 
county,  conditioned  to  provide  the  apprentice  with  sufficient 
clothing  and  food,  and  bed,  and  also  to  treat  him  with  human- 
ity, and  to  teach  him  some  occupation  or  office  by  which  the 
said  apprentice  can  maintain  himself;  and  also  to  teach  him  to 
read  and  write,  and  arithmetic;  and,  at  the  expiration  of  said 
apprenticeship,  he  shall  give  him  two  good  and  durable  suits 
of  clothing. 

(Apprenticeship  may  be  revoked,  upon  proper  evidence). 

(Children  of  poor  prisoners  to  be  apprenticed ;  when). 

Sec.  1479. — Probate  Courts  to  Hxamine  into  Condition  of  Or- 
phans and  Minors  Without  Sufficient  Estate  for  Proper 
Maintenance  and  Education,  and  Shall  Direct  Guardians  to 
Apprentice  Wards,  Under  Certain  Conditions. 

It  shall  be  the  duty  of  the  said  courts  (probate)  to  examine 
into  the  conditions  of  all  orphans  and  such  minors  as  have 
not  sufficient  estate  for  their  maintenance  and  education;  and 
in  case  the  minors  or  orphans  have  not  the  means  of  niainte-, 
nance  and  education,  nor  friends  or  relations  willing  to  incur 
the  expense  of  their  maintenance  and  education,  the  judge  of 
probate  shall  direct  guardians  to  bind  their  wards  as  appren- 
tices, until  the  age  of  twenty-one,  if  males,  and,  if  females,  until 
the  age  of  eighteen,  to  some  good  and  reputable  man  or 
woman,  to  be  chosen  by  the  ward  if  over  ten  years  of  age,  sub- 


OF   THE   TERRITORY    OF    NEW    MEXICO  57 

ject,  howeyer,  to  the  approval  of  the  guardian  and  the  probate 
court;  which  person  shall  bind  him  or  herself  to  teach  the 
apprentice  some  useful  and  reputable  art,  science,  profession, 
trade  or  business,  to  be  specified  in  the  indenture ;  and,  also,  to 
send  the  apprentice  to  school  at  least  three  months  in  each  year, 
after  the  age  of  nine  years,  and  to  clothe,  feed,  lodge,  and  treat 
the  apprentice  humanely. 

(Indenture  must  be  approved  by  court  and  recorded). 

Sec.   1481.- — Guardians  to  Choose  Masters  for  Apprentices  Less 
Than  Ten  Years  of  Age. 

For  minors  to  be  apprentices  under  the  age  of  ten  years, 
the  masters  shall  be  chosen  by  their  guardian,  or  parent,  or 
parents,  if  living,  subject  to  the  approval  of  the  probate  court. 

Sec.   1482. — Probate  Court  to  Apprentice  Children  of  Parents 
Unable,  or  Neglecting,  to  Support  and  Educate  Them. 

in  case  of  ^minors  whose  parents,  or  either  of  them  are 
living,  but  have  not  the  means  of  maintaining  their  children, 
or  willfully  neglect  to  support  and  educate  them,  the  probate 
court  shall  apprentice  such  children  as  in  case  of  orphans. 

Sec.   1483. — fathers,  if  Living,  or  Mothers  May  Apprentice 
Minor  Children,  on  Failure  of  Probate  Court  to  'do  so. 

The  father  of  any  minor,  or,  if  the  father  be  dead,  the 
mother,  when  the  probate  court  has  not  appointed  a  guardian, 
may  apprentice  their  children,  being  minors,  in  the  like  manner 
as  guardians,  for  the  purpose  of  teaching  them  some  useful  art, 
science,  profession,  trade  or  business,  by  means  of  indenture. 

Sec.   1484. — Provisions  for  Bducation  of  Children  Apprenticed 

by  Parents. 

In  all  cases  of  children  being  apprenticed  by  the  parents, 
the  indenture  shall  bind  the  master  to  send  the  apprentice  to 
school,  at  least  three  months  in  each  year,  after  the  age  of  nine 
years,  which  indenture  must  likewise  be  approved  by  the 
probate  court,  and  recorded  in  the  office  of  the  clerk  of  the 
probate  court. 

Sec.   1485. — Probate  Court  to  Hear  and  Determine  Complaints 

of  Apprentices. 

The  probate  court  shall  at  all  times  hear  the  complaints 
of  apprentices,   who   reside   within   their   respective  counties. 


58  COMPIIvATlON    OF   THE)   SCHOOIv   LAWS 

whether  made  in  person  or  by  any  other  person  for  them, 
against  their  masters,  alleging  undeserved  or  immoderate  cor- 
rection, insufficient  allowance  or  quality  of  food,  raiment  or 
lodging,  or  want  of  proper  instruction.  And  the  court  shall 
hear  and  determine  all  such  cases  in  a  summary  way,  during 
terms,  and  make  such  order  therein  as  in  the  judgment  of  the 
court  will  relieve  the  complaining  apprentice  for  the  future ; 
or  remove  the  apprentice,  and  bind  him  to  someone  else,  if  it 
shall  be  deemed  necessary. 

Sec.  1496. — Minor  Children  May  be  Adopted  by  Adult  Per- 
sons or  Charitable  Associations,  Without  Reward  for  Care 
and  Education. 

Any  minor  child  may  be  adopted  by  any  adult  person  or 
charitable  association  or  incorporation  organized  and  existing 
for  the  custody,  care,  maintenance  and  education  of  orphan, 
illegitimate,  abandoned  and  other  children  intrusted  to  its  cus- 
tody, and  care  without  any  reward  or  recompense  for  such  cus- 
tody, care,  maintenance  and  education,  in  the  cases  and  subject 
to  the  rules  prescribed  in  this  chapter   (Sections  1488-1508). 


OF   THE   TERRITORY   OF    NEW    MEXICO  59 

CHAPTER  XCIX.    Laws  of  4907. 


An  Act  to  amend  section  1527  of  the  compiled  eaws  of 
NEW  MEXICO.    H.  B.  No.  i6p;  Approved  March  21,  ipo/ 


SCHOOL    DISTRICTS. 


CONTENTS. 

Sec.    1.     Amending  Section  1527,  Compiled  Laws  of  1897. 


Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of 
Nezv  Mexico: 

Section  1.  That  Section  1327  of  the  Compiled  Laws  of 
New  Mexico  is  hereby  amended  so  as  to  read  as  follows : 
"That  whenever  a  school  district  shall  be  formed  in  any  county, 
the  county  superintendent  shall,  within  fifteen  days  thereafter, 
prepare  and  post  a  notice  of  the  formation  of  such  district, 
describing  fts  boundaries  and  stating  the  number  thereof,  and 
appointing  a  time  and  place  for  the  first  district  meeting  to 
select  school  directors  to  act  until  the  following  election;  and 
he  shall  also  furnish  to  the  county  clerk  the  description  and 
boundaries  of  each  school  district  as  soon  as  practicable  after 
the  same  is  formed.  Should  there,  for  any  cause,  be  no 
meeting  in  the  newly  formed  district  to  select  school  directors, 
then  the  county  superintendent  shall  appoint  school  directors 
who  shall  act  till  their  successors  are  elected  as  now  provided 
by  law,  and  all  school  directors  heretofore  appointed  in  a  new 
district  by  the  county  superintendent,  are  hereby  declared  in  all 
respects  to  be  valid  appointments.  The  school  superintendent 
shall,  on  or  before  the  15th  day  of  October  of  each  year,  make 
out  and  transmit  in  writing  to  the  territorial  superintendent, 
bearing  date  October  1st,  a  report  containing  a  statement  of 
the  number  of  school  districts  in  the  county,  the  number,  age 
and  sex  of  children  residing  in  each  over  five  and  under 
twenty-one  years  of  age ;  the  number  of  schools  in  the  county ; 
the  length  of  time  each  school  has  been  taught;  the  number, 
age  and  sex  of  pupils  attending  the  same;  the  number  and 
sex  of  teachers  employed,  branches  taught  and  text  books 
used;  the  number  of  private  or  select  schools  or  academies  in 
the  county  as  far  as  the  same  can  be  ascertained ;  the  number, 


60  COMPUTATION    OF   THE   SCHOOL   LAWS 

age  and  sex  of  pupils  and  teachers  employed  and  the  branches 
taught;  the  amount  of  money  raised  by  taxes  and  paid  for 
teachers'  salaries  in  addition  to  the  amount  of  public  money 
raised  by  tax  or  otherwise  for  the  purpose  of  purchasing  sites 
for  school  buildings  repairing  and  furnishing  school  houses, 
and  such  other  information  as  the  territorial  superintendent 
may  desire. 

Sec.  2.  •  This  act  to  take  effect  and  be  in  force  from  and 
after  its  passage. 


LAWS   OF    1897. 
(continued) 


Sec. 

1528. 

Sec. 

1529. 

Sec. 

1530. 

Sec. 

1532. 

Sec. 

1532. 

Sec. 

1533. 

Sec. 

1535. 

Sec. 

1536. 

Sec. 

1538. 

Sec. 

1540. 

CONTENTS. 

Penalty  for  failing  to  make  annual  report. 

Present   school   districts  declared   legal. 

Each  school  district  a  body  corporate. 

Election    of   school    directors. 

Voters  defined. 

Organization  and  duties  of  school  directors. 

Additional  duties  of  school  directors. 

Teachers  to  keep  records  and  make  reports. 

Bond  of  county  treasurer  as  custodian  of  school  funds. 

Penalty  for  tax  collectors  failing  to  turn  over  money. 


Sec.   1528. — Penalty  For  Failing  to  Make  Annual  Report. 

That  every  county  superintendent  who  shall  wilfully 
neglect  or  refuse  to  make  and  deliver  to  the  territorial  super- 
intendent his  annual  report,  as  required  by  this  act,  within  the 
time  limited  therefor,  shall  be  liable  on  his  bond  for  the  full 
amount  of  money  lost  to  the  county  by  such  neglect  or  refusal, 
with  the  interest  thereon  at  12  per  centum  per  annum,  to  be 
recovered  by  the  county  treasurer  in  the  name  of  the  county, 
from  the  bondsmen  of  said  Superintendent. 

Sec.   1529. — Present  School  Districts  Declared  Legal. 

That  each  of  the  school  districts  of  the  different  counties 
as  now  constituted,  is  hereby  declared  to  be  a  school  district, 
until  changed  under  the  provisions  of  this  act,  and  there  shall 
be  established  in  each  district  one  or  more  schools  in  which 
shall  be  taught  orthography,  reading,  writing,  arithmetic, 
grammar,  geography,  the  English  language,  and  the  history  of 
the  United  States. 


OF   THE   TERRITORY   OF    NEW    MEXICO  61 

Sec.   1530. — Bach  School  District  a  Body  Corporate. 

That  each   school  district  shall  be  a  body  corporate  by 

the  name  and  style  of  School  District  Number  ,  of  the 

County  of  — — ,  and  by  such  name  may  contract  and  be  con- 
tracted with,  sue  and  be  sued,  in  any  of  the  courts  of  this  terri- 
tory having  competent  jurisdiction;  and  every  such  district 
shall  hold,  in  the  corporate  name  of  the  district,  the  title  of 
lands  and  other  property  which  may  be  required  by  said  district 
for  school  purposes. 

Sec.   1532. — Election  of  School  Directors. 

(As  amended.)  That  on  the  second  Monday  of  May, 
1891,  the  present  county  school  superintendents  of  the 
respective  counties  shall  cause  to  be  "posted  notices  in  at 
least  three  public  places  in  each  school  district,  calling  an 
election  to  be  held  for  three  school  directors  of  said  district, 
on  the  first  Monday  in  June  following;  said  election  to  be 
held  by  three  property  holders  in  said  district,  to  be  named  in 
said  notice,  and  after  said  election  is  held,  the  three  directors 
elected  shall  hold  office  for  one  year  and  until  tlieir  successors 
are  elected  and  qualified,  and  the  judges  of  election  shall  cer- 
tify the  result  to  the  county  superintendent.  On  the  second 
Monday  of  March  of  each  succeeding  year  the  directors  serv- 
ing at  that  time  shall  post  notices  of  an  election  to  be  held 
by  them  on  the  first  Monday  in  April  by  the  qualified  voters 
for  three  school  directors,  whose  term  shall  be  one  year. 
Only  legal  voters,  residing  and  paying  taxes  in  said  district, 
shall  be  qualified  to  vote  at  said  election ;  the  votes  shall  be  by 
written  or  printed  ballots,  and  the  election  shall  be  held  be- 
tween the  hours  of  8  a.  m.  and  5  p.  m.r-on  the  first  Monday 
of  April,  at  the  public  school  house  or  some  other  convenient 
place  to  be  specified  in  said  notice ;  the  result  of  said  election 
shall  be  certified  by  said  directors  to  the  County  Superintend- 
ent, and  the  term  of  office  of  said  directors  shall  begin  on 
the  first  Monday  of  May  following  their  election.  The  direc- 
tors so  elected  shall  take  and  file  with  the  county  superintend- 
ent, before  the  first  Monday  of  May,  an  oath  that  they  will 
faithfully  perform  the  duties  of  their  office ;  said  oath  shall 
be  administered  by  the  judges  holding  the  'election  first  pro- 
vided for.  and  at  subsequent  elections  by  the  directors  serving, 
and  in  said  oath  shall  be  set  forth  the  number  of  said  school 
districts.  Any  school  director  who  shall  fail  to  call  the  elec- 
tion and  post  the  notices  therefor,  or  to  correctly  certify  the 


62  COMPILATION    OI'   THE   SCHOOL   LAWS 

result  of  such  election  as  required  in  this  section,  shall  be 
deemed  guilty  of  malfeasance  in  office,  and  shall  be  disquali- 
fied from  again  holding  said  office  by  appointment  or  other- 
wise for  a  period  of  one  year  thereafter,  and  shall  be  sum- 
marily removed  by  the  superintendent  of  schools,  and  shall  be 
fined  not  less  than  twenty-five  dollars  nor  more  than  one 
hundred  dollars,  or  imprisoned  in  the  county  jail  not  less  than 
twenty-five  nor  more  than  one  hundred  days,  the  said  fines  to 
go  to  and  become  a  part  of  the  school  fund  of  the  district  in 
which  such  person  was  a  director.  And  it  is  hereby  made  the 
duty  of  the  county  school  superintendent  so  removing  a  direc- 
tor to  make  affidavit  of  the  facts  to  the  district  judge,  or  before 
any  justice  of  the  peace,  and  to  act  as  prosecuting  witness 
against  said  director.  The  said  school  directors  shall  truly 
canvass  the  vote  cast  at  the  election  and  send  the  ballots  to 
the  county, school  superintendent,  together  with  their  certifi- 
cate of  election,  where  said  ballots  shall  remain  in  his  cus- 
tody for  the  period  of  thirty  days,  during  which  time  notice 
of  contests  may  be  given  by  any  person  interested.  If  no  such 
notice  shall  be  given  within  such  period,  the  county  school 
superintendent  shall  destroy  such  ballots.  But  if  such  notice 
of  contest  be  given,  it  shall  be  his  duty  to  turn  the  same  over, 
in  exactly  the  same  condition  as  they  were  received  by  him, 
to  the  Probate  Clerk  of  his  county,  where  they  may  be  exam- 
ined under  the  same  terms  and  conditions  as  ballots  in  other 
cases  of  contested  elections  for  county  officers,  and  the  same 
provisions  shall  apply  to  a  contest  for  the  position  of  school 
director  as  is  provided  by  law  for  contesting  other  county 
officers. 

All  legal  voters,  residing  in  a  school  district,  who  have  paid 
the  poll  tax  of  the  current  year  in  said  district,  shall  be  con- 
sidered qualified  voters  of  said  district,  entitled  to  vote  therein. 

Sec.   1533. — Organisation  and  Duties  of  School  Directors. 

That  five  days  after  their  qualification  the  school  direc- 
tors shall  meet  and  elect  a  chairman  and  a  clerk,  and  two 
directors  shall  constitute  a  quorum,  which  shall  be  competent 
to  discharge  all  the  duties  of  a  full  board.  Should  a  vacancy 
occur  from  any  cause,  notice  shall  be  given  to  the  county 
superintendent  by  the  directors  or  a  director,  and  thereupon 
said  county  superintendent  shall  appoint  a  director  to  fill  suchj 
vacancy  until  the  next  election.  They  shall  have  the  care  and 
keeping  of  the  school  house  and  other  property  belonging 


OF  The  territory  of  new  mexico  63 

to  the  school  district,  and  are  hereby  authorized  to  open  the 
school  houses  for  the  use  of  religious,  political,  literary, 
scientific,  mechanical,  agricultural,  and  industrial  societies 
belonging  to  their  district,  for  the  purpose  of  holding  business 
or  public  meetings  of  said  societies. 

Sec.   1535. — (As  Amended.)      Additional  Duties   of  School 

Directors. 

That  no  board  shall  issue  warrants  or  certificates  of  in- 
debtedness of  the  school  district,  in  excess  of  the  amount  of  the 
levy  for  one  year,  but  all  school  orders  shall  draw  6  per  cent, 
interest  per  annum  after  having  been  presented  to  the  county 
treasurer  and  not  paid  for  want  of  funds,  which  fact  shall  be 
indorsed  upon  the  order  by  the  treasurer.  The  directors  of  the 
several  school  districts  shall  also  employ  and  pay  school  teach- 
ers under  the  restrictions  imposed  by  this  act,  and  shall  have 
the  general  control  and  management  of  the  schools  in  their 
respective  districts,  subject  to  such  supervision  as  shall  herein 
be  conferred  upon  the  county  superintendent;  and  the  direct- 
ors in  the  several  school  districts  in  the  territory  shall  on 
or  before  the  first  day  of  September  of  each  year,  make  an 
enumeration  of  all  unmarried  persons  between  five  and  twenty- 
one  years  of  agei  giving  the  names,  ages  and  sexes  of  such 
persons  in  full,  and  reporting  the  same  in  writing,  which  shall 
be  signed  by  all  the  directors  and  sent  to  the  county  superin- 
tendent within  fifteen  days  thereafter.  All  resident  unmar- 
ried persons  between  said  ages  shall  be  entitled  to  attend  the 
schools  of  their  districts.  The  clerks  of  the  several  school 
districts  shall,  on  or  before  the  first  day  of  May  of  each  year, 
make  a  report  to  the  county  superintendent  in  writing  show- 
ing the  amount  of  money  collected  and  expended  for  school 
house  sites,  school  houses,  and  fuel,  interest  on  school  house 
bonds,  contingent  expenses,  and  for  salaries  paid  teachers, 
within  the  twelve  months  preceding.  Any  school  director  who 
shall  willfully  refuse  or  fail  to  make  any  report  or  per- 
form all  the  duties  required  by  this  section,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  before  the  dis- 
trict court  of  the  proper  county,  shall  be  punislied  by  a  fine  of 
not  more  than  one  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  for  a  period  not  exceeding  sixty  days,  in  the  discre- 
tion of  the  court. 

Sec.   1536. — Teachers  to  Keep  Records  and  Make  Reports. 
That   every   person   employed    to   teach    a   school   estab- 


61  COMFILATION    OF   THE   SCHOOL   LAWS 

lished  by  this  act,  or  any  acts  now  in  force,  shall  keep  a  proper 
record,  and  at  the  end  of  each  term,  make  a  report  to  the 
county  superintendent,  showing  the  whole  number  of  pupils 
that  have  attended  school  during  such  term,  giving  the  names, 
ages,  and  sexes,  the  average  daily  attendance,  the  branches 
taught,  and  such  other  facts  as  may  be  deemed  important  as 
showing  the  character  of  the  school  and  the  proficiency  of 
the  pupils;  and  for  failure  to  make  such  report,  he  may  be 
fined  in  the  sum  of  not  more  than  fifty  dolllars,  upon  convic- 
tion before  any  justice  of  the  peace.  No  person  shall  be 
paid  any  money  for  teaching  any  school  established  under  this 
act  until  an  order  is  presented,  signed  by  two  of  the  school 
directors  of  the  proper  district  and  endorsed  by  the  county 
superintendent. 

Sec.    1538. — Bond  of  County  Treasurers  as  Treasurers  of 
School  Funds. 

That  the  county  treasurers  shall  severally  give  bond,  with 
two  or  more  sureties,  as  treasurers  of  the  school  fund  in 
their  respective  counties,  in  a  sum  which  shall  be  fixed  by  the 
superintendent  of  public  instruction  at  double  the  probable 
amount  of  school  funds  which  shall  come  into  their  hands ; 
said  bonds  shall  in  no  case  be  for  a  less  amount  than  ten 
thousand  dollars  and  shall  be  approved  by  the  county  superin- 
tendent of  the  proper  county  and  filed  with  the  superintendent 
of  public  instruction. 

Sec.    1539. — (Revised  Acts  pp,  Chapter  8^.) 

Any  tax  collector  who  shall  fail  to  pay  over  all  school 
money  collected  by  him  within  thirty  days  after  the  tenth  day 
of  each  month  in  which  the  same  is  collected,  shall  be  summar- 
ily removed  by  the  governor  from  the  office  of  collector. 

Sec.   1540. — Penalty  for  Tax  Collectors  Failing  to  Turn  Over 

Money. 

If  the  tax  collector  be  also  sherifif,  such  delinquent  shall 
also  be  removed  from  the  office  of  sheriff  and  forever  there- 
after be  disqualified  from  holding  either  of  said  offices,  and 
the  governor  shall  appoint  a  successor,  who  shall  qualify 
according  to  law,  and  who  shall  hold  his  office  during  the  bal- 
ance of  the  time  of  the  officer  removed.  It  shall  also  be  the 
duty  of  the  collector  of  taxes  to  keep  the  accounts  of  special 
taxes  levied  by  school  districts,  in  separate  books  provided  for 
that  purpose. 


OF   THE   TERRITORY   Of    NEW    MEXICO  65 

ISSUANCE    OF    SCHOOL    BONDS. 


.  CONTENTS. 

Sec.    1541.      School   directors  to  have  power  to  issue  bonds  for  school 

purposes. 
Sec.   1542.     Issue  to  be  determined  by  qualified  electors. 
Sec.   15  45.      Bonds  not  to  be  issued  until  boundaries  of  school  districts 

have  been  established. 
Sec.    1547.     Assessor  to  make  assessment   of  district  after  boundaries 

are    established. 


Sec.  1541. — Chapter  i,  Compiled  Lazvs  of  i8gj,  Regarding 
the  Issuance  of  Bonds  by  School  Districts,  Amended  by 
Chapter  8i,  Lazvs  of  ipo^. 

That  school  directors  shall  have  power  and  authority  to 
borrow  rnoney  for  the  purpose  of  erecting  and  completing 
school  houses  by  issuing  negotiable  bonds  of  the  district,  to 
run  any  period  of  not  less  than  twenty  years  nor  exceeding 
thirty  years,  drawing  interest  at  a  rate  not  to  exceed  six 
per  centum  per  annum,  Avith  interest  payable  semi-annually, 
at  such  a  place  as  the  board  of  directors  issuing  the  same  may 
direct,  which  said  indebtedness  shall  be  binding  and  obligatory 
on  the  school  districts  for  the  use  of  which  said  loan  shall  be 
made;  but  no  district  shall  permit  a  greater  outstanding  in- 
debtedness than  an  amount  equal  to  four  per  centum  of  the 
assessed  value  of  the  property  of  such  district. 

Sec.   1542. — Issuing  of  Bonds  to  be  Determined  by  Qualified 
Electors.     Term  and  Disposition  of  Bonds. 

That  the  directors  of  any  school  district  may  submit  to 
the  voters  of  their  district  at  the  annual  or  any  special  meet- 
ing called  for  that  purpose,  the  question  of  issuing  bonds  as 
contemplated  by  this  act,  giving  the  same  notice  of  such  meet- 
ing as  is  now  required  to  be  given  for  the  election  of  directors 
by  this  act,  and  the  amount  proposed  to  be  raised  by  the  sale 
of  such  bonds,  which  question  shall  be  voted  upon  by,  the 
qualified  electors  of  the  district,  and  if  a  majority  of  all  the 
votes  cast  upon  that  question  be  in  favor  of  the  issue  of  such 
bonds,  then  said  board  shall  issue  bonds  to  the  amount  voted, 
in  denominations  of  not  less  than  twenty-five  dollars,  nor  ex- 
ceeding five  hundred  dollars,  due  not  less  than  twenty,  nor 
more   than   thirty  years   after   date,   arid   redeemable   at  the 


66  COMPILATION    01?   THE   SCHOOL   LAWS 

pleasure  of  the  district  at  any  time  after  ten  years,  which  said 
bonds  shall  be  given  in  the  name  of  the  district  issuing  them 
and  shall  be  signed  by  the  president  of  the  board  of  directors 
to  the  county  treasurer,  taking  his  receipt  therefor,  and  said 
county  treasurer  shall  advertise  for  the  sale  of  said  bonds  to 
the  highest  bidder,  in  at  least  four  issues  of  some  weekly 
paper  published  in  his  county,  or  an  adjoining  county,  and 
shall  countersign  said  bonds  when  negotiated;  the  county 
treasurer  shall  place  the  proceeds  of  such  sale  of  bonds  to  the 
credit  of  the  proper  district,  to  be  paid  out  as  provided  for  in 
the  manner  of  special  district  tax.  The  county  treasurer 
shall  stand  charged  upon  his  official  bond  with  all  bonds  that 
may  be  delivered  to  him,  but  any  bond  or  bonds  not  sold  may 
be  returned  to  the  district  and  the  treasurer  credited  with  the 
same :  Provided,  That  if  such  bonds  are  issued  for  the 
building  of  a  school  house,  that  the  contractor  constructing 
the  same  may  receive  in  payment  such  bonds  at  their  face 
value,  or  at  the  price  offered  by  the  highest  bidder.  Provided, 
further,  That  none  of  the  bonds  mentioned  in  this  act  shall 
be  sold  for  less  than  ninety  cents  on  the  dollar. 

Sec.   1545. — Bonds  Not   to   Be  Issued   Until  Boundaries  of 
School  Districts  Have  Been  Established. 

That  no  bonds  of  any  district  shall  be  issued  or  any 
special  tax  levied  until  the  boundaries  of  said  district  shall 
have  been  established  and  the  property  rharked  by  monu- 
ments or  by  natural  objects  a!s  provided  by  law.  The  boun- 
daries of  all  school  districts  in  this  territory,  so  far  as  possible, 
shall  coincide  with  the  precinct  boundaries,  and  said  boun- 
daries shall  be  established  by  the  proper  authorities,  and  the 
corners    thereof   marked   by   monuments    or    natural    objects 

with  the  words.  District  Number ,  in  a  permanent  manner 

marked  upon  them,  and  an  outlined  map  of  the  district  made, 
showing  the  length  and  breadth  thereof,  and  the  proposed  loca- 
tion of  the  school  house ;  a  copy  of  said  map  to  be  filed  with  the 
county  superintendent. 

Sec.   1547. — Assessor  to  Make  Assessment  of  District  After 
Boundaries  Are  Established. 

That  in  any  school  district  where  a  special  tax  is  in  con- 
templation of  being  levied,  or  of  bonds  being  issued,  and  after 
the  boundaries  of  the  district  have  been  properly  determined 


O?   THE  TERRITORY   OE   NEW    MEXICO  67 

and  marked  for  that  purpose,  it  shall  be  the  duty  of  the  county 
assessor  to  visit  said  district  and  make  an  assessment  of  all 
taxable  property,  both  personal  and  real,  within  said  school 
district,  as  fully  and  completely  as  he  is  now  required  to  make 
the  assessment  of  the  county  and  he  shall  be  governed  by 
the  same  rules,  especially  including  in  such  assessment  all 
kinds  of  livestock  which  graze  wholly  within  the  limit  of  such 
district.  The  county  assessor  shall  provide  each  board  of 
district  directors  with  a  copy  of  such  lists  of  taxable  property 
in  the  several  districts. 


CHAPTER   I.    LAWS   OF    1897. 


CONTENTS. 

Sec.  1548.  Temporary   .school   fund. 

Sec.  1549.  Poll  tax  for  benefit  of. 

Sec.  1550.  District  clerk  to  report  poll  tax. 

Sec.  1552.  Districts  may   hold   real   estate. 

Sec.  1553.  May  condemn   lands. 

Sec.  1555.  Compulsory  attendance  on  school. 

Sec.  1556.  Actual  residents  to  attend  schools. 

Sec.  1557.  School  month  and  day  defined. 

Sec.  1560.  Exemptions  from  school  tax. 

Sec.  1561.  Cities  and  towns,   provisions. 

Sec.  1562.  Free  schools  to  be  maintained  in. 

Sec.  1563.  Adjacent  territory  may  be  attached  for  school  purposes. 


Sec.    1548. — Temporary  School  Fund. 

(As  amended  by  Sees.  17  and  19,  Chapter  119,  Laws  of 
1903.)  That  the  following  are  hereby  declared  to  be  and  are 
to  be,  temporary  funds  for  common  school  purposes  and  shall 
be  paid  to  the  county  treasurer,  to  be  applied  by  the  county 
treasurer  to  the  general  school  fund  of  each  respective  county : 

First./  The  proceeds  of  all  sales  of  intestate  estates  which 
escheat  to  the  territory. 

Second.  All  forfeitures  or  recoveries  on  bonds  of  county, 
precinct  or  territorial  officers. 

Third.  The  proceeds  of  all  fines  collected  for  violation  of 
the  penal  laws.  All  moneys  accruing  under  the  provisions 
of  this  section  shall,  on  or  before  the  first  Monday  in  January, 
April,  July  and  October  in  each  year,  be  paid  into  the  county 
treasury  by  the  officer  collecting  the  same,  who  shall  take 
duplicate  receipts  tjierefor,  one  of  which  he  shall  file  in  the 
office  of  the  county  clerk,  and  all  officers  who  fail  for  two 


68  COMPILATION    OF   THE   SCHOOL   LAWS 

consecutive  terms  to  make  such  payment  and  file  said  dupli- 
cate receipts  with  the  county  clerk,  or  who  shall  have  failed 
to  make  quarterly  reports  as  now  required  by  law,  shall  be 
subject  to  summary  removal  from  office  by  the  board  of 
county  commissioners  at  the  next  regular  meeting  thereafter, 
and  shall  also  be  liable  to  indictment  for  malfeasance  in  office 
and  false  swearing,  and  the  person  so  indicted  shall  upon 
conviction  thereof  be  ineligible  to  hold  said  office  for  the 
period  of  two  years  thereafter;  and  judges  of  the  district 
court  are  hereby  required  at  each  term  to  give  this  section  of 
the  law  a  special  charge  to  the  grand  jury,  which  body  is  au- 
thorized to  especially  inquire  into  and  make  presentment  of 
offenses  committed  under  this  act. 

Fourth.  The  proceeds  of  the  sales  of  lost  goods  or  es- 
trays. 

Fifth.  All  moneys  arising  from  licenses  imposed  Tipon 
wholesale  and  retail  liquor  dealers,  distilleries,  breweries,  wine 
presses,  which  now  pay  license  or  may  hereafter  be  required 
to  pay  license. 

Thirty-three  and  one-third  per  cent,  of  all  the  moneys 
arising  from  the  above  enumerated  sources,  when  collected, 
shall  be  paid  into  the  county  treasury  to  the  account  of  the 
general  county  school  fund  of  each  county  in  which  collected. 
The  collector,  or  person  paying  in  the  above  enumerated  mon- 
eys to  the  county  treasurer  shall  receive  from  the  county 
treasurer  a  receipt  in  full  for  the  amount  paid  in. 

County  treasurers  shall  quarterly,  on  or  before  the  third 
Monday  in  March,  June,  September  and  December  in  each 
year,  notify  the  county  superintendent  of  schools  in  their 
respective  counties  of  all  funds'  coming  into  their  hands  for 
public  school  purposes  during  the  preceding  quarter  and  the 
total  amount  of  moneys  on  hand  then  available  for  public 
school  purposes. 

Sec.   1549. — Poll  Tax.     As  Amended  by  Chapter  6i,  Laivs 

1905- 

That  a  poll  tax  of  one  dollar  shall  be  levied  upon  all 
able  bodied  male  persons  of  the  age  of  twenty-one  years  or 
over,  for  school  purposes.  It  shall  be  the  duty  of  the  clerks  of 
the  various  school  districts  of  the  Territory  of  New  Mexico 
to  make  out  separate  lists  of  all  persons  liable  to  pay  a  poll 
tax.  resident  in  their  respective  districts  an^i  the  said  clerk 
shall  receive  three  dollars,  to  be  paid  out  of  any  funds  in  the 


OF   THE   TERRITORY   OF    NEW    MEXICO  69 

hands  of  the  directors  of  said  school  district  for  such  services, 
and  no  other  person  shall  receive  a  recompense  for  such  ser- 
vice. It  shall  be  the  duty  of  the  said  school  district  clerk  to 
collect  said  poll  tax  and  said  clerk  shall  receive  ten  per  centum 
of  all  moneys  collected  from  poll  taxes.  The  school  district 
clerks  are  hereby  empowered  to  bring  suit  in  the  name  of  the 
school  district  for  the  collection  of  said  poll  tax,  if  not  paid 
within  thirty  days  after  the  first  demand  has  been  made  for 
the  payment  of  same  from  any  person  so  delinquent.  All 
poll  taxes  shall  be  paid  to  the  county  treasurer  for  the  use  of 
the  respecitve  school  districts  in  which  the  same  are  collected, 
and  the  treasurer  shall  pay  to  the  school  district  clerk  his 
percentage  of  the  gross  amount  collected :  Provided,  That 
no  resident  of  any  school  district  shall  pay  his  poll  tax  to  any 
other  district  than  the  one  in  which  he  resides  :  And,  Provided, 
further,  That  no  p'oll  tax  shall  be  received  by  any  district 
clerk  from  any  resident  of  any  other  school  district.  No  prop- 
erty shall  be  exempt  from  execution  in  suits  for  collection  of 
poll  taxes  and  the  justices  of  the  peace  and  constables  shall  not 
demand  fees  in  advance  for  such  suits. 

Sec.   1550. — Duty  of  District  Clerk  in  Respect  to  Poll  Tax. 
Amended  by  Chapter  6i,  Lazvs  IQ05. 

It  shall  be  the  duty  of  the  school  district-  clerks  to  make 
at  least  four  copies  of  the  names  of  persons  liable  to  pay  poll 
tax,  and  on  the  first  Monday  in  February  he  shall  post  one 
of  said  lists  in  some  conspicuous  place  in  their  respective  dis- 
tricts for  the  information  of  the  people,  and  on  or  before  the 
first  Monday  in  April  the  school  district  clerks  shall,  report 
to  the  county  clerk  a  complete  list  of  said  persons  liable  to 
pay  a  poll  tax  in  their  respective  districts,  and  shall  report 
said  list  to  the  county  superintendent  in  writing,  and  shall 
report  to  said  superintendent  the  amount  of  poll  tax  col- 
lected, from  whom  collected,  the  names  of  persons  still  delin- 
quent and  the  reasons  for  said  delinquency,  and  further,  one 
list  of  such  persons  liable  to  pay  a  poll  tax  shall  be  filed  in  the 
ofiice  of  said  clerks. 

Sec.   1552. — District  to  Acquire  Real  Estate. 

That  it  shall  be  lawful  for  any  district  to  take  and  hold 
in  its  corporate  name,  under  the  provisions  of  this  act,  so  much 
real  estate  as  may  be  necessary  for  the  location  and  construc- 
tion of  a  school  house  and  convenient  schools :  Provided,  That 


70  COMPUTATION    OF   THE   SCHOOIv   LAWS 

the  real  estate  so  taken,  otherwise  than  by  consent  of  the 
owner,  shall  not  exceed  one  acre.  The  site  so  taken  must  be 
situated  on  some  public  highway  or  thoroughfare. 

Sec.   1553. — Condemnation  of  Land. 

That  if  the  owner  of  any  such  real  estate  refuse  or 
neglect  to  grant  the  necessary  site  on  his  premises,  then  and  in 
that  case  the  directors  may  acquire  title  to  so  much  of  said 
land  as  is  necessary  for  school  purposes,  in  the  manner  now 
provided  by  law  for  the  condemnation  of  land  for  railroads  or 
other  public  purposes,  and  such  lands  so  taken  shall  be  deemed 
to  be  taken  for  public  use. 

Sec.   1555. — Compulsory  School  Attendance,  Proviso. 

(As  amended  by  Chapter  39,  Laws  1903  and  Chapter  121, 
Laws  1909.)  Sub-Section  1.  That  the  school  directors  or 
board  of  any  school  district,  town  or  city  in  this  territory,  are 
hereby  empowered  and  required  to  compel  parents,  guardians 
or  other  persons  having  the  conti-ol,  care  or  direction  of  child- 
ren,' when  such  children  do  not  attend  some  private  or  denomi- 
national school,  to  send  such  children  under  their  control  to  the 
public  school  during  the  entire  time  such  school  is  in  session 
in  each  scholastic  year  in  their  respective  school  communities, 
except  that  children  referred  to  in  this' act  shall  not  be  less  than 
seven  nor  more  than  fourteen  years  of  age,  or  of  such  physical 
disability  as  to  unfit  them  for  school  duties,  which  disability 
shall  be  certified  to  by  some  regular  practicing  physician :  Pro- 
vided, That  the  private  or  denominational  school  shall  be  equal 
in  its  teaching  to  the  public  school  of  the  district ;  and  Provided, 
further,  That  this  section  shall  not  apply  to  children  who  live 
more  than  three  miles  from  a  public  school. 

Sub-Section  2.  Any  parent,  guardian  or  other  persons 
having  the  control  of  children  and  who  shall  fail  or  refuse 
to  send  such  children  to  school  as  required  by  this  act,  after 
the  clerk  of  the  school  district  or  the  clerk  of  any  town  or 
city  school  board  shall  have  given  public  notice  containing 
the  substance  of  this  act,  written  or  printed  in  both  English 
and  Spanish,  by  posting  same  in  some  conspicuous  place  at 
three  separate  points  within  the  district,  or  publishing  the  same 
in  some  newspaper  within  the  district,  shall  be  punished 
upon  conviction  thereof  by  a  fine  of  not  less  than  $5  nor 
more  than  $25,  or  by  imprisonment  for  not  more  than  ten 
days  in  any  county  jail :     Provided,  That  if  such  parent  or 


OF  THE   TERRITORY   OF   NEW    MEXICO      '  '  71 

guardian  is  not  able,  by  reason  of  poverty,  to  buy  books  for 
any  such  child,  it  shall  be  the  duty  of  any  school  board  of 
any  town,  district  or  city,  upon  the  facts  being  shown  to  the 
satisfaction  of  a  majority  thereof,  to  purchase,  through  the 
county  superintendent,  or  through  the  district,  town  or  city 
superintendent,  if  there  be  one,  the  necessary  books  for  the 
use  of  said  child  or  children,  which  books  shall  be  loaned 
to  said  indigent  pupil  during  the  school  term,  yet  shall  re- 
main the  property  of  the  district  under  the  care  and  custody 
of  the  district  clerk :  Provided,  further.  That  a  sum  not  ex- 
ceeding $50  may  be  expended  in  any  district  in  any  one  year 
for  supplying  indigent  children  with  such  necessary  books  to 
be  paid  for  out  of  the  school  fund  of  such  district,  by  warrants 
drawn  as  in  other  cases :  And  provided  also.  That  there  is  no 
school  taught  within  two  miles  of  the  place  of  residence  of  said 
child  by  the  nearest  established  road. 

Sub-Section  3.  County  superintendents  are  hereby  vested 
with  general  supervisory  powers  in  this  matter  and  shall 
require  directors  to  comply  with  the  provisions  of  the  pre- 
ceding section;  and  it  shall  be  the  duty  of  the  presiding  judge 
of  the  district  court  to  give,  at  each  session  of  the  court, 
the  substance  of  this  law  as  a  special  charge  to  their  respective 
grand  juries,  and  it  is  made  the  duty  of  the  district  attorneys 
to  give  particular  heed  to  the  prosecution  of  causes  growing  out 
of  violations  of  this  act;  and  all  fines  so  collected  for  the 
violation  of  this  act  shall  be  paid  into  the  county  treasury  and 
placed  to  the  credit  of  the  school  district  in  which  the  offense 
occurs. 

Sec.   1556. — Actual  Residents  Permitted  to  Attend  School  Re- 
gardless of  Race  or  Nationality. 

(As  amended  by  Chapter  78,  Laws  1901.)  That  pupils 
\\\\o  are  actual  residents  of  a  district  shall  be  permitted  to  at- 
tend school  in  the  same,  regardless  of  the  time  when  they 
acquire  such  residence,  whether  before  or  after  tlie  enumera- 
tion. That  any  teacher,  school  directors,  or  members  of  any 
board  of  education  connected  with  the  common  schools  in 
this  territory  who  shall  refuse  to  receive  any  pupil  at  school 
on  account  of  race  or  nationality,  the  said  pupil  being  entitled 
to  attend  school  in  said  district  as  hereinbefore  provided, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  before 
any  justice  of  the  peace  or  district  court,  shall  be  fined  in  a 
sum  of  not  less  than  fiftv  dollars  nor  more  than  one  hundred. 


72  COMPUTATION    OF    THE    SCHOOL    I.AWS 

and  imprisoned  in  the  county  jail  for  three  months,  and  shall 
be  forever  barred  from  teaching  school  or  to  hold  any  office  of 
honor  or  profit  in  this  territory. 

Sub-Section  1.  That  the  superintendent  of  the  county 
is  by  this  act  required  to  summarily  remove  from  office  or 
employment  any  person  violating  the  provisions  of  the  pre- 
ceding section,  d^nd  upon  failure  to  do  so  he  shall  be  removed 
from  office  by  the  superintendent  of  public  instruction,  who  is 
hereby  authorized  and  empowered  to  fill  said  vacancy. 

Sec.  1557. — Defiiiitioji  of  School  Day  mid  Month. 

That  the  school  month  shall  consist  of  four  weeks,  of  five 
days  each,  and'  a  school  day  shall  consist  of  six  hours. 

Sec.   1560. — Property  Exempt  from  School  Taxes. 

That  the  following  classes  of  property  shall  be  exempt 
from  taxation  for  school  purposes :  Property  of  the  United 
States,  of  this  territory,  of  counties,  cities,  towns  and  other 
municipal  corporations,  when  devoted  entirely  to  public  use, 
and  not  held  for  pecuniary  profit;  all  public  libraries;  ,the 
grounds,  buildings,  books,  papers  and  apparatus  of  literary, 
scientific,  benevolent,  agricultural  and  religious  institutions, 
and  societies  devoted  exclusively  to  the  appropriate  object  of 
those  institutions,  and  not  leased  or  otherwise  used  with  a 
view  to  pecuniary  profit ;  and  cemeteries  not  held  for  pecuniary 
profit :  Proi'ided,  That  mines  and  mining  claims  shall  pay  a 
tax  upon  the  net  product  and  upon  the  surface  improvements 
only. 

Sec.   1561. — Miuiicipalities  Governed  by  Provisions  of 
This  Act. 

All  cities  and  towns  now  organized  by  virtue  of  the 
authority  of  former  acts,  and  all  cities  and  town  hereafter 
organized  under  any  law.  of  this  territory,  shall  be  governed  by 
the  provisions  of  this  act. 

Sec.   1562. — -Schools  in' Municipalities  Free;  Exceptions. 

In  each  city  or  town  governed  by  this  act  there  shall  be 
established  and  maintained  a  system  of  free  common  schools, 
which  shall  be  kept  open  no  less  than  three  nor  more  than 
ten  months  in  any  one  year,  and  shall  be  free  to  all  children 
residing  in  such  city  or  town,  between  the  ages  of  five  and 
twenty  years.     But  the  board  of  education  may,  when  school 


OF   THE  TERRITORY   OF   NEW    MEXICO  73 

room  accommodations  are  insufficient,  exclude   for  the  time 
being  children  between  the  ages  of  five  and  seven  years. 

Sec.   1563. — When  Adjacent  Territory  May  he  Attached  to 
Municipality,  For  School  Purposes. 

Territory  outside  the  city  limits,  but  adjacent  thereto; 
may  be  attached  to  such  city  or  town  for  school  purposes, 
upon  application  to  the  board  of  education  of  such  city  or  town 
by  a  majority  of  the  electors  of  such  adjacent  territory,  and 
upon  such  application  being  made  to  the  board  of  education 
they  shall,  if  they  deem  it  proper  and  to  the  best  interests 
of  the  school  of  said  city  or  town  and  the  territory  seeking 
to  be  attached,  issue  an  order  attaching  such  territory  to  such 
city  or  town  for  school  purposes  and  to  enter  the  same  upon 
their  journal,  and  such  territory  shall,  from  the  date  of  such 
order  be,  and  compose  a  part  of  such  city  or  town  for  school 
purposes  only,  and  the  taxable  property  of  such  adjacent 
territory  shall  be  subject  to  taxation,  and  shall. bear  its  full 
proportion  of  all  expenses  incurred  in  the  erection  of  school 
buildings  and  in  maintaining  the  schools  of  such  city  or  town. 
Whenever  the  territory  so  attache^d  shall  have  attained  a  popu- 
lation equal  to  that  of  any  ward  of  such  city  or  town,  or 
whenever  the  taxable  property  of  such  attached  territory  shall 
equal  that  of  any  one  ward  of  such  city  or  town,  such  at- 
tached territory  shall  be  entitled  to  elect  two  members  of  the 
board  of  education,  who  shall  be  elected  at  the  same  time 
thai  other  members  of  the  board  are  elected,  by  the  qualified 
electors  of  such  territory,  at  an  election  to  be  held  at  such  place 
as  the  board  of  education  may  designate. 


74  COMPUTATION    OF   THE   SCHOOIv   I.AWS 

BOARDS  OF  EDUCATION  IN  CITIES  AND  TOWNS. 


Sec. 

1564. 

Sec. 

1565. 

Sec. 

1566. 

Sec. 

1567. 

Sec. 

1568. 

Sec. 

1569. 

Sec. 

1570. 

Sec, 

1571. 

Sec. 

1572. 

Sec. 

1573. 

Sec. 

1574. 

Sec. 

1575. 

Sec. 

1576. 

Sec. 

1577. 

Sec. 

1578. 

Sec. 

1579. 

Sec. 

1580. 

Sec. 

1581. 

Sec. 

1582. 

Sec. 

1583. 

Sec. 

1584. 

Sec. 

1585. 

Sec. 

1586. 

Sec. 

1587. 

Sec. 

1588. 

Sec. 

1589. 

Sec. 

1590. 

Sec. 

1591. 

Sec. 

1592. 

Sec. 

1597. 

Sec. 

1600. 

Sec. 

1601. 

CONTENTS. 

Board  of  education  in  cities  and  towns. 

May  hold  real  estate. 

Deeds,   how  to  be  executed. 

Boards,   how  elected. 

Vacancies,   how  filled. 

General   powers. 

When  officers  shall  be  elected. 

Treasurer  to  give  bond. 

No  member  to  receive  pay. 

Duties  of  president. 

Duties  of  vice-president. 

Duties  of  clerk. 

Clerk  to  give  bond. 

May  levy  additional  tax. 

Tax  to  be  paid  in  money. 

Regular  and  special  meetings. 

Annual  report. 

Contracts  to  be  let  to  lowest -bidder. 

Sectarian   doctrines  not  to  be  taught. 

All  school  property  exempt  from  taxation. 

Election  may  be  ordered  for  issuing  bonds. 

Mayor  to  call  election  for. 

Bonds,   how  signed. 

Tax  levy  for  interest  and  sinking  fund. 

Coupons,  how  paid. 

School  fund  pledged  for  payment. 

Bonds   to   be   registered. 

Officers  to  take  oath  and  give  bond. 

Transfers  of  school   property. 

Transfers  of  school  property  ratified. 

Property  to  be  transferred  to  school  district. 

Unsold  parcels  of  land  to  be  deeded  to  Board  of  Education. 


Sec.   1564. — School  Boards  to  be  Bodies  Corporate. 

The  public  schools  of  each  city  organized  in  pursuance 
of  this  act  shall  be  a  body  corporate,  and  shall  possess  the 
usual  powers  of  a  corporation  for  public  purposes,  by  the  name 
and  style  of  the  Board  of  Education  of  the  City,  (or  Town) 

of  ,  of  the  Territory  of  New  Mexico,  and  in  that  name 

may  sue  or  be  sued,  and  be  capable  of  contracting  and  being 
contracted  with,  of  holding  and  conveying  such  real  and  per- 
sonal estate  as  it  may  come  into  possession  of  by  will  or 
otherwise,  or  as  is  authorized  to  be  purchased  by  the  provisions 
of  this  act. 

Sec.   1565. — School  Property  to  he  Conveyed  to  Local  Board 

of  Education. 

Any    city    or    town    is    hereby    authorized    and    required, 


OF   THE   TERRITORY   OE    NEW    MEXICO  75 

upon  request  of  the  board  of  education  of  such  city  or  town, 
to  convey  to  said  board  of  education  all  property  within  the 
limits  of  any  such  city  or  town  heretofore  purchased  by  any 
such  city  or  town  for  school  purposes  and  now  held  and  used 
for  such  purpose,  the  title  to  which  is  vested  in  any  such  city 
or  town. 

Sec.   1566. — Hoiu  Deed  Shall  be  Hxecuted. 

All  conveyances  for  the  property  mentioned  in  the  preced- 
ing section  shall  be  signed  by  the  mayor  and  attested  by  the 
clerk  of  said  city  or  town,  and  shall  have  the  seal  of  the  city  or 
town  affixed  thereto,  and  be  acknowledged  by  the  mayor  of  such 
city  or  town,  in  the  same  manner  as  other  conveyances  of  real 
estate.  ^ 

Sec.   1567. — Boards;  Hozv  Elected.    Incorporated  Toivns  Not 
Subdivided  Into  Wards,  to  Elect  Boards  of  Education. 

At  each  annual  city  or  town  election,  there  shall  be  a 
board  of  education,  consisting  of  two  members  from  each 
ward,  elected  by  the  qualified  voters  thereof,  one  of  whom  shall 
be  elected  annually,  and  shall  hold  his  office  for  a  term  of 
two  years,  and  until  his  successor  is  elected  and  qualified : 
Provided,  That  no  member  of  the  board  of  education  shall  be 
a  member  of  the  council  or  town  trustees,  nor  shall  any  mem- 
ber of  the  council  or  town  trustees  be  a  member  of  the  board 
of  education.  That  all  incorporated  towns  in  the  territory 
not  laid  off  in  wards  shall  at  the  next  municipal  election  elect 
a  board  .of  education,  consisting  of  three  members,  one  of 
whom  shall  serve  for  the  term  of  three  years,  one  for  the 
term  of  two  years,  and  one  for  the  term  of  one  year,  and 
thereafter  at  each  annual  election  there  shall  be  elected  one 
member  of  the  board,  who  shall  serve  for  the  term  of  three 
years.  Each  member  of  the  board  of  education  shall  be  a 
qualified  voter  of  the  Territory  of  New  Mexico,  and  shall 
have  resided  in  the  district  at  least  two  years  next  preceding 
the  election,  and  shall  be  a  taxpayer. 

Sec.   1568. — Vacancies;  Hozv  Filled. 

The  board  of  education  shall  have  power  to  fill  any  vacancy 
which  may  occur  in  their  body :  Provided,  That  any  vacancy 
occurring  more  than  ten  days  previous  to  the  annual  election 
and  having  an  unexpired  term  of  one  year,  shall  be  filled  at 
the  first  annual  election  thereafter,  and  the  ballots  and  returns 


76  COMPUTATION    OF   THE   SCHOOI.   I^AWS 

of  elections  shall  be  designated  as  follows:    To  fill  unexpired 
term. 

Sec.   1569. — To  Sleet  Officers,  arid  Establish  High  School, 
When  Necessary. 

The  board  of  education  shall  have  power  to  elect  their 
own  officers,  except  the  treasurer;  to  make  their  own  rules 
and  regulations,  subject  to  the  provisions  of  this  act;  to  or- 
ganize and  maintain  a  system  of  graded  schools;  to  establish 
a  high  school  whenever  in  their  opinion  the  educational  inter- 
ests of  the  city  demand  the  same,  and  to  exercise  the  sole 
control  over  the  schools  and  school  property  of  the  city  or  town. 

Sec.   15^. — When  Officers  Shall  be  Elected. 

The  board  of  education  at  its  regular  meeting  in  May  of 
each  year,  shall  organize  by  the  election  of  a  president  and 
vice-president  from  among  its  own  members,  each  of  whom 
shall  serve  for  the  term  of  one  year,  or  until  their  successors 
are  elected  and  qualified ;  they  shall  also  elect  a  clerk,  who  shall 
hold  his  office  during  the  pleasure  of  the  board,  and  who  shall 
receive  such  compensation  for  his  services  as  the  board  may 
allow. 

Sec.   1571. — Treasurer  of  Municipalities  Ex-Oificio  Treasurer 
of  Board  of  Hducation. 

The  treasurer  of  the  city  or  town  shall  be  ex-officio 
treasurer  of  the  board  of  education,  and  shall  give  such  bond 
to  the  board  of  education  as  the  board  may  require,  said  bond 
to  be  approved  by  the  board  of  education  and  filed  with  its 
clerk.  It  shall  be  the  duty  of  the  treasurer  to  deposit  daily 
all  money  belonging  to  the  board  of  education,  in  some  re- 
sponsible bank,  to  be  designated  by  the  board  of  education, 
in  the  name  of  such  treasurer  as  such  officer,  which  bank 
shall  pay  interest  on  monthly  average  balances  as  may  be 
agreed  upon  by  such  bank  and  the  board  of  education,  and  be- 
fore making  such  deposit  the  board  of  education  shall  take 
from  such  bank  a  good  and  sufficient  bond  in  a  sum  to  be 
designated  by  the  board  of  education,  conditioned  that  such 
deposit  shall  be  paid  on  the  check  or  draft  of  said  treasurer. 
The  treasurer  shall  attend  all  the  meetings  of  the  board  when 
required  to  do  so ;  shall  prepare  and  submit  in  writing  a 
monthly  report  of  the  finances  of  said  board,  and  shall  pay 


of   THE   TERRITORY   OE   NEW    MEXICO  77 

school  moneys  only  upon  a  warrant  signed  by  the  president,  or 
in  his  absence,  by  the  vice-president,  and  countersigned  by 
the  clerk.  The  treasurer  shall  receive  from  the  board  of  edu- 
cation fifty  dollars  per  annum  for  his  services  as  treasurer,  and 
no  more. 

Sec.   1572. — No  Member  of  Board  of  Education  to  Receive 

Pay. 

No  member  of  the  board  of  education  shall  receive  any  pay 
or  emolument  for  his  services. 

Sec.   1573. — Duties  of  President  of  Board  of  Education. 

It  shall  be  the  duty  of  the  president  to  preside  at  all  meet- 
ings of  the  board  of  education,  to  appoint  all  committees, 
whose  appointment  is  not  otherwise  provided  for,  and  to  sign 
all  warrants  ordered  by  the  board  of  education  to  be  drawn 
upon  the  treasurer  for  school  moneys. 

Sec.   1574. — D.uties  of  Vice-President  of  Board  of  Education. 

It  shall  be  the  duty  of  the  vice-president  to  perform  all  the 
duties  of  the  president,  in  case  of  his  absence  or  disability. 

Sec.   1575. — Duties  of  Clerk  of  Board  of  Education. 

It  shall  be  the  duty  of  the  clerk  to  be  present  at  all  meetings 
of  the  board,  to  keep  ah  accurate  journal  of  its  proceedings,  to 
take  charge  of  its  books  and  documents,  to  countersign  all  war- 
rants for  school  moneys  drawn  upon  the  treasurer  by  order  of 
the  board  of  education,  and  to  perform  such  other  duties  as  the  i 
board  of  education  or  its  committees  may  require. 

Sec.   1576. — Clerk  Shall  Give  Bond. 

Before  entering  upon  the  discharge  of  his  duties,  the  clerk 
of  the  board  of  education  shall  give  bond  in  the  sum  of  one 
thousand  dollars,  with  good  and  sufficient  sureties,  to  be  ap- 
proved by  the  board,  conditioned  upon  the  faithful  performance 
of  the  duties  of  his  office. 

Sec.   1577. — When  and  How  Additional  Tax  May  he  Levied. 

The  board  of  education  shall,  on  or  before  the  first  day 
of  August  of  each  year,  levy  a  tax  for-  the  support  of  the 
schools  of  the  city  or  town  for  the  fiscal  year  next  ensuing, 
not  exceeding  in  any  one  year  five  mills  on  the  dollar,  on  all 
personal,  mixed  and  real  property  within  the  district  which 
is  taxable  according  to  the  laws  of  the  Territory  of  New 


78  COMPILATION    OF   THE   SCHOOL   LAWS 

Mexico  for  school  purposes,  which  levy  shall  be  approved 
by  the  city  council  or  town  trustees,  and  when  so  approved 
the  clerk  of  the  board  shall  certify  to  it  to  the  county  clerk, 
who  is  hereby  authorized  and  required  to  place  the  same  on 
the  tax  roll  of  said  county,  to  be  collected  by  the  collector  of 
the  county  as  are  other  taxes,  and  paid  over  by  him  to  the 
treasurer  of  the  board  of  education  of  whom  he  shall  take 
a  receipt  in  duplicate,  one  of  which  he  shall  file  in  his  office, 
and  the  other  he  shall  forthwith  transmit  to  the  clerk  of  the 
board  of  education.  This  section  shall  not  be  construed  to 
change,  alter,  modify  or  amend  section  one  thousand  five 
hundred  and  fifty-eight  or  any  part  of  the  act  of  which  it 
is  an  amendment,  with  reference  to  the  amount  to  be  raised 
by  taxation  for  school  purposes;  but  the  provisions  of  this 
section  with  reference  to  taxation  for  schools  under  this  section, 
and  said  law  shall  be  held  and  taken  to  be  in  addition  to  the 
provisions  of  the  act  above  referred  to  in  this  section. 

Sec.   1578. — Property  Subject  to  Taxation, 

The  taxable  property  of  the  whole  city  or  town,  including 
the  territory  attached  for  school  purposes,  shall  be  subject  to 
taxation.  All  taxes  collected  for  the  benefit  of  the  schools  shall 
be  paid  in  money,  and  shall  be  placed  in  the  hands  of  the  treas- 
urer, subject  to  the  order  of  the  board  of  education. 

Sec.   1579. — Regular  and  Special  Meetings  of  Board  of 
Education. 

The  regular  meetings  of  the  Board  of  Education  shall  be 
upon  the  first  Monday  of  each  month,  but  special  meetings  may 
be  held  from  time  to  time,  as  circumstances  may  demand. 

Sec.   1580. — Reports  of  Board  of  Education,  Printing  and 
Distribution  of. 

The  board  of  education,  at  the  close  of  each  school  year, 
or  as  soon  thereafter  as  practicable,  shall  make  an  annual  re- 
port of  the  progress,  prosperity  and  condition,  financial  as 
well  as  educational,  of  all  the  schools  under  their  charge;  and 
said  report,  or  such  portion  of  it  as  the  board  of  education  shall 
consider  of  advantage  to  the  public,  shall  be  printed,  either  in  a 
public  newspaper  or  in  pamphlet  form,  and  a  copy  furnished 
the  county  and  the  territorial  superintendent. 

Sec.   1581. — Expenditures;  Limitations. 
No  expenditure   involving  an   amount  greater  than  two 


Ot   THE   TERRITORY   OE   NEW    MEXICO  79 

hundred  dollars  shall  be  made,  except  in  accordance  with  the 
provisions  of  a  written  contract,  and  no  contract  involving 
an  expenditure  of  more  than  five  hundred  dollars,  for  the  pur- 
pose of  erecting  any  public  buildings  or  making  any  improve- 
ments, shall  be  made  except  upon  sealed  proposals,  and  to  the 
lowest  responsible  bidder. 

Sec.   1582. — Sectarian  Doctrines  Not  to  he' Taught. 

No  sectarian  doctrine  shall  be  taught  or  inculcated  in  any 
of  the  public  schools  of  the  city  or  town. 

Sec.   1583. — School  Property  Exempt  Prom  Taxation. 

All  property  held  by  the  board  of  education  for  the  use  of 
public  schools  shall  be  exempt  from  taxation,  and  shall  not  be 
taken  in  any  manner  for  any  debt  due  from  the  city. 

Sec.   1 584. — Election  May  he  Ordered  Por  Issuing  Bonds. 
Terms  of  Bonds. 

Any  city  or  incorporated  town  in  this  territory  which 
shall,  by  the  action  of  its  common  council,  trustees  or  school 
directors,  have  purchased  any  ground  and  building  or  build- 
ings, or  may  hereafter  purchase  any  ground  and  building  or 
buildings,  or  has  commenced  or  may  hereafter  commence  the 
erection  of  any  building  or  buildings  for  school  .purposes,  or 
Avhich  shall  have  by  its  school  directors,  common  council  or 
trustees,  contracted  any  debts  for  the  erection  of  such  building 
or  buildings,  or  the  purchase  of  such  ground  and  building  or 
buildings,  or  such  school  directors,  trustees  or  common  council 
shall  not  have  the  necessary  means  with  which  to  complete 
such  building  or  buildings,  or  to  pay  for  the  purchase  of  such 
ground  and  building  or  buildings,  or  pay  such  debt,  may  on 
filing  by  the  school  directors,  trustees  or  common  council  of 
said  city  or  town  of  a  report  under  oath  with  the  board  of 
education  of  such  city  or  town,  showing  the  estimated  or 
actual  cost  of  any  such  ground  and  building  or  buildings, 
or  the  amount  required  to  complete  such  building  or  buildings, 
or  purchase  such  ground  and  building  or  buildings,  or 
the  amount  of  such  debt,  it  shall  be  lawful  for  the  board  of 
education  to  order  an  election  for  the  issuing  of  bonds  of 
said  school  district  in  said  city  or  town,  to  an  amount  to 
liquidate  such  proposed  indebtedness.  And  the  said  boards  of 
education  are  hereby  authorized  and  empowered  to  issue  such 
bonds  in  conformity  with  the  requireemnts.  and  in  like  man- 
ner that  school  bonds  are  issued.    And  the  said  boards  of  edu- 


80  COMPILATION    OF   THE    SCHOOL   LAWS 

cation  are  authorized  and  empoweerd  to  issue  bonds  to  raise 
funds  for  the  purchase  of  school  site  or  sites,  or  to  erect  a 
suitable  building  or  buildings  thereon,  or  to  fund  any  bonded 
indebtedness  for  school  purposes  of  such  city  or  town :  Pro- 
vided, That  no  bonds  shall  be  issued  until  the  question  shall 
be  submitted  to  the  people  and  a  majority  of  the  qualified 
electors  who  shall  vote  on  the  question,  at  an  election  called 
for  that  purpose,  shall  have  declared  by  their  votes  in  favor 
of  issuing  such  bonds.  The  rate  of  interest  on  such  bonds 
shall  not  exceed  six  per  cent,  per  annum,  payable  annually  or 
semi-annually,  at  such  place  as  may  be  mentioned  upon  the 
face  of  said  bonds,  which  bonds  shall  be  payable  in  no  less  than 
twenty,  nor  more  than  thirty  years  from  their  date,  and  the 
board  of  education  is  hereby  authorized  and  empowered  to  sell 
such  bonds  at  not  less  than  par. 

Sec.   1585. — Elections  to  Vote  Bonds.  How  Canceled.  Returns. 

It  shall  be  the  duty  of  the  mayor  of  each  city  or  town 
governed  by  this  act  upon  the  request  of  the  board  of  educa- 
tion, forthwith  to  call  an  election,  to  be  conducted  in  all  respects 
as  are  the  elections  for  city  or  town  officers  in  the  same  cities  or 
towns,  except  that  the  returns  shall  be  made  to  the  board  of 
education  for  the  purpose  of  taking  the  sense  of  such  district 
upon  the  question  of  issuing  such  bonds,  naming  in  the  procla- 
mation of  such  election  the  amount  of  bonds  asked  for,  and  the 
purpose  for  which  they  are  to  be  issued. 

Sec.   1586. — Bonds;  by  Whom  Executed,  and  What  They  Shall 

Specify. 

The  bonds,  the  issuance  of  which  is  provided  for  in  the 
foregoing  section,  shall  be  signed  by  the  president,  attested  by 
the  clerk,  and  countersigned  by  the  treasurer  of  the  board  of 
education;  and  said  bonds  shall  specify  the  rate  of  interest  and 
the  time  when  principal  and  interest  shall  be  paid,  and  each 
bond  so  issued  shall  be  for  a  sum  of  not  less  than  fifty  dollars. 

Sec,   1587. — Tax  Levy  For  Interest  and  Sinking  Fund. 

The  board  of  education  at  the  time  of  its  annual  levy  of 
taxes  for  the  support  of  schools,  as  hereinbefore  provided,  shall 
also  levy  a  sufficient  amount  to  pay  the  interest  as  the  same 
accrues  on  all  bonds  issued  under  the  provisions  of  this  act, 
and  also  to  create  a  sinking  fund  for  the  redemption  of  said 
bonds,  which  it  shall  levy  and  collect,  in  addition  to  the  rate 
per  cent,  authorized  by  the  provisions  aforesaid   for  school 


OF   THK   TERRITORY    Of   NEW    MEXICO  81 

purposes;  and  said  amount  of  funds,  when  paid  into  the  treas- 
ury, shall  be  and  remain  a  specific  fund  for  said  purpose  only, 
and  shall  not  be  appropriated  in  any  other  way  except  as 
hereinafter  provided:  Proz'ided,  There  shall  be  no  levy  for 
sinking  fund  until  ten  years  after  the  issue  of  such  bonds,  if 
they  be  for  twenty  years;  and  twenty  years  after  the  issue  if 
they  be  for  thirty  years  and  the  levy  in  any  one  year  shall 
not  exceed  five  mills  on  the  dollar  for  such  sinking  fund,  and 
the  total  levy  in  any  one  year  shall  not  exceed  ten  mills  on  the 
dollar  for  all  purposes:  Provided,  further,  That  the  levy  for 
interest  on  such  bonds  as  may  be  issued  by  such  city  or  town 
shall  not  exceed  in  any  one  year  an  amount  required  to  pay 
the  annual  interest. 

Sec.   1588. — Coupons  to  he  Promptly  Paid,  and  Hoiv  Canceled'. 

Whenever  the  interest  coupons  of  the  bonds  hereinbefore 
authorized  shall  become  due,  they  shall  be  promptly  paid,  on 
presentation,  by  the  treasurer,  out  of  any  money  in  his  hands 
collected  for  that  purpose,  and  he  shall  endorse  upon  the  face 
of  such  coupons  in  red  ink  the  word.  Paid,  and  the  date  of  pay- 
ment, and  sign  the  initials  of  his  name. 

Sec.    1589. — School  Funds  and  Property  Pledged  in  Payment 

of  Interest. 

The  school  fund  and  property  of  such  city  or  town  and 
territory  attached  for  school  purposes,  is  hereby  pledged  to  the 
payment  of  the  interest  and  principal  of  the  bonds  mentioned 
in  this  act,  as  the  same  may  become  due. 

Sec.   1590. — Duty  of  Clerk  to  Register  Bonds. 

It  shall  be  the  duty  of  the  clerk  of  the  board  of  education 
to  register,  in  a  book  provided  for  that  purpose,  the  bonds 
issued  under  this  act,  and  all  warrants  issued  by  the  board, 
which  said  register  shall  show  the  number,  date,  and  amount 
of  said  bonds,  and  to  whom  made  payable. 

Sec.   1591. — Official  Oaths  and  Filing  of. 

Each  member  of  the  board  of  education  and  officer  pro- 
vided for  in  tliis  act  shall  take  and  subscribe  an  oath  or  affirma- 
tion to  support  the  Constitution  of  the  United  States  and  the 
laws  of  New  Mexico,  and  faithfully  perform  the  duties  of  his 
office.    The  oath  and  bond  of  the  clerk  shall  be  filed  with  the 


82  COMPILATION    OF    THE   SCHOOL    LAWS 

treasurer,  and  all  other  oaths  and  bonds  shall  be  filed  with 
the  clerk. 

Sec.  1592. — Previous  Transfers  Legalised. 
That  all  transfers  of  school  district  property  heretofore 
made  in  any  school  district  in  this  territory  are  hereby  de- 
clared valid  and  legal,  and  hereafter  school  district  property 
shall  not  be  transferred  by  school  boards,  except  upon  the 
petition  of  a  majority  of  the  qualified  electors  of  any  school 
district  desiring  such  transfer. 

Sec.   1597. — Legalising  Transfer  of  School  Property. 

That  all  transfers  of  school  district  property  heretofore 
made  by  any  school  board  in  any  school  district  in  this  terri- 
tory are  hereby  declared  valid  and  legal  and  all  such  transfers 
are  hereby  ratified  and  confirmed. 

Sec.   1600. — Board  of  Trustees  to  Transfer  Certain  Property 
to  School  Districts. 

When  the  corporate  authorities  of  any  town,  or  the  pro- 
bate judge  of  the  county,  for  any  county  in  this  territory  in 
which  any  town  may  be  situated,  shall  have  entered  at  the 
proper  land  ofiice  the  land  or  any  part  of  the  land  settled  and 
occupied  at  the  site  of  such  town,  pursuant  to  and  by  virtue 
of  the  provisions  of  the  act  of  Congress,  entitled,  An  Act  for 
the  Relief  of  Citizens  of  Towns  Upon  Lands  of  the  United 
States  Under  Certain  Circumstances,  passed  May  23rd,  1844, 
and  any  amendments  that  may  be  made  thereto,  or  where 
such  land  may  be  entered  by  the  proper  authorities  under  and 
by  virtue  of  any  special  act  of  Congress,  and  where  the  cor- 
porate authorities  have  failed,  or  hereafter  fail,  to  comply  with 
the  provisions  of  Chapter  3,  Title  40,  and  any  blocks,  lots, 
shares  or  parcels  of  said  land  remain  unsold,  the  title  to  said 
unsold  blocks,  lots,  shares  or  parcels  of  land  shall  vest, and  be 
in  the  school  district  in  which  said  land  is  located,  and  it  shall 
be  the  duty  of  the  board  of  trustees  of  such  tow^n  to  transfer, 
by  proper  deed  of  conveyance,  said  unsold  blocks,  lots,  shares 
or  parcels  of  land  to  the  board  of  education  of  such  school 
district. 

Sec.  1601. — Unsold  Parcels  of  Land  fo  be  Deeded  to  the 
Board  of  Education. 
Within  thirty  (30)  days  after  the  passage  of  this  act, 
the  board  of  trustees  of  any  town,  located  as  above  and  hav- 
ing unsold  blocks,  lots,  shares  or  parcels  of  land  therein,  shall 
deed  the  same  to  the  board  of  education  of  such  school  dis- 


OF  THE  te;rritory  of  new  MEXICO  83 

trict,  .in  case  said  unsold  blocks,  lots,  shares,  and  parcels  of 
land  have  not  been  heretofore  transferred  to  the  said  board 
of  education;  and  any  transfer  of  such  unsold  blocks,  lots, 
shares,  or  parcels  of  land  heretofore  made  by  the  board  of 
trustees  of  any  town  to  the  board  of  education  of  such  school 
district  are  hereby  declared  valid  and  legal,  and  all  such  trans- 
fers are  hereby  ratified  and  confirmed. 


APPRAISERS. 


Sec. 

1602. 

Sec. 

1603. 

Sec. 

1604. 

Sec. 

1605. 

Sec. 

1606. 

Sec. 

1607. 

Sec. 

1608. 

Sec. 

1609. 

Sec. 

1610. 

Sec. 

1611. 

CONTENTS. 

Appraisers   to   be   appointed. 

Duty   of  appraisers. 

Lots  not  to  be  sold  for  less  than  appraisement 

Public  sale  to  be  advertised. 

Sale  may  be  continued. 

New  appraisements,  when. 

Proceeds  of  sale,  how  applied. 

Persons  having  improved  may  purchase. 

Purchaser   to   pay   certain   expenses. 

Deeds,  how  executed. 


Sec.   1602. — Boards  of  Appraisers  to  be  Appointed. 

The  board  of  education  of  any  such  school  district,  after 
such  unsold  blocks,  lots,  shares  or  parcels  of  land  shall  be 
conveyed  as  above  provided,  shall  appoint  by  order  or  reso- 
lution a  board  of  appraisers,  to  consist  of  three  freeholders 
of  any  school  district,  who  shall  have  no  interest  in  said 
unsold  blocks,  lots,  shares  or  parcels  of  land  or  the  improve- 
ments thereon.  Each  of  said  appraisers  shall  take  an  oath  to 
faithfully  discharge  his  duties  as  such  appraiser  and  shall 
file  such  oath  in  the  office  of  the  clerk  of  said  board  of  educa- 
tion before  commencing  his  duties  as  such  appraiser.  In  case 
such  appraiser  should  fail  or  neglect  to  make  the  appraisement 
hereinafter  specified  and  file  the  same  with  the  clerk  of  such 
board  of  education  within  ten  days  after  their  appointment, 
then  said  board  may  appoint  a  new  board  of  appraisers  for  the 
purpose  herein  provided. 

Sec.   1603. — Duty  of  Appraisers. 

Said  appraisers  shall  appraise  all  such  blocks,  lots,  shares, 
and  parcels  of  land  thus  conveyed  to  such  board  of  educatiofi, 
at  their  just  and  full  cash  value,  and  file  their  written  ap- 
praisement as  aforesaid.     Said  appraisement  shall  contain  a 


84  COMPILATION    OF   THE    SCHOOL    LAWS 

description  of  each  lot  or  parcel  of  land  so  appraised  and  a 
statement  of  the  cash  value  of  each  lot  and  parcel  of  land  so 
appraised.  Said  appraisers  shall  make  a  separate  statement 
of  the  value  of  such  lots  and  parcels  of  land  without  improve- 
ments and  the  aggregate  value  of  both ;  there  shall  be  attached 
to  such  appraisement  a  written  affidavit  of  the  said  appraisers, 
verifying  each  statement  of  such  appraisement  and  alleging 
that  each  of  said  lots  or  parcels  of  land  is  appraised  at  its  just 
and  full  value. 

Sec.   1604. — Lots  May  he  Sold  at  Not  Less  than  Appraised 

Value. 

Any  or  all  of  said  lots  may  be  sold  at  any  time  by  such 
board  of  education  either  at  public  vendue  to  the  highest  bid- 
der for  cash,  or  at  private  sale  for  cash,  in  the  discretion  of 
the  board  of  education :  Provided,  That  no  block,  lot,  share 
or  parcel  of  land  shall  be  sold  for  less  than  the  appraised  value 
thereof. 

Sec.   1605. — Procedure  in  Respect  to  Sale  of  Lots. 

When  any  said  blocks,  lots,  shares,  or  parcels  of  land 
are  to  be  sold  at  public  vendue,  the  president  of  the  board  of 
education  shall  give  notice,  signed  in  his  official  capacity,  of 
the  time  and  place  of  sale  of  blocks,  lots,  shares  or  parcels  of 
land  to  be  sold,  by  advertisement,  published  in  the  county 
where  such  school  district  is  situated,  or  if  no  newspaper  is 
published  in  said  county,  then  in  the  newspaper  published  near- 
est said  school  district.  Such  public  sale  shall  be  advertised  to 
be  made  at  some  public  place  in  said  town,  and  to  be  sold  at 
some  specified  time  between  the  hours  of  sunrise  and  sunset. 

Sec.   1606. — How  Offered  Por  Sale. 

Such  lots  or  parcels  of  land  shall  be  offered  for  sale  singly, 
unless  a  greater  price  can  be  obtained  by  selling  several  lots  or 
parcels  of  land  together,  in  which  case  several  lots  or  parcels 
of  land  can  be  sold  together.  Such  public  sale  may  be  con- 
tinued, if  necessary,  from  day  to  day,  for  a  period  not  to  exceed" 
three  days  at  any  one  sale. 

Sec.   1607. — New  Appraisements. 

A  new  appraisement  of  lots  or  parcels  of  land  to  be  sold 
shall  be  made  in  case  no  appraisement  thereof  has  been  made 
for  three  months  next  preceding  the  date  of  such  sale.     Said 


OF   THE  TERRITORY   OF   NEW    MEXICO  .    85 

new  appraisement  shall  be  made,  either  by  the  old  board  of 
appraisers,  or  a  new  board  of  appraisers,  to  be  appointed  in 
the  same  manner  and  with  the  same  qualifications  as  the  fir^t 
board  of  appraisers.  New  boards  of  appraisers  may  be  ap- 
pointed whenever  necessary  to  have  any  of  said  blocks,  lots, 
shares  or  parcels  of  land  appraised  for  sale. 

Sec.   1608.— Money;  How  Applied. 

The  moneys  arising  from  the  sale  of  said  blocks,  lots, 
shares  and  parcels  of  land,  after  defraying  the  expense  of  such 
sales,  shall  be  paid  into  the  treasury  of  such  school  district  and 
applied  to  the  support  and  maintenance  of  free,  non-sectarian 
public  schools,  within  the  limits  of  any  such  school  district,  or 
used  and  expended  by  said  school  district  in  the  erection  of 
school  buildings  for  the  use  of  the  public  schools  of  said  district 
and  for  furnishing  such  buildings,  and  for  no  other  purpose. 

Sec.    1609. — Persons  Having  Improved,  May  Purchase. 

In  all  cases  when  prior  to  the  taking  effect  of  this  act  any 
person  may  have  entered  thereon  and  improved  any  lots  be- 
longing to  such  school  district,  such  person,  after  the  report 
of  such  board  of  appraisers,  may  purchase  any  of  such  lots 
from  the  said  board  of  education  for  cash  at  the  appraised 
value  of  said  lots,  exclusive  of  improvements. 

Sec.   1610. — Purchaser  Shall  Pay  Certain  Expenses. 

All  persons  purchasing  any  lots  or  parcels  of  land  as  above 
provided  shall  pay  for  the  drawing,  execution  and  acknowledg- 
ment of  the  deed  of  conveyance,  together  with  fifty  cents  to 
the  clerk  of  such  board  of  education,  for  attestation  with  seal  of 
said  board  of  education,  by  the  clerk  of  said  board. 

Sec.   1611. — Deeds,  Hozv  Executed. 

All  conveyances  of  lots  or  parcels  of  land  mentioned  in 
this  act  shall  be  signed  by  the  president  of  the  board  of  educa- 
tion and  attested  by  the  clerk  of  said  board,  and  shall  have  the 
seal  of  said  board  of  education  affixed  thereto,  and  be  acknowl- 
edged by  the  president  of  the  board  of  education  in  the  same 
manner  as  other  conveyances  of  real  estate. 


86     .  COMPILATION    OF    TllE    SCHOOL    L.AVVS 

ORPHAN'S    HOME   AND    INDUSTRIAL    SCHOOL. 


Sec. 

1617. 

Sec. 

1618. 

Sec. 

1619. 

Sec. 

1620. 

Sec. 

1621. 

Sec. 

1622. 

CONTENTS. 

How  constituted;   legal  designation. 

Board  of  Supervisors,   how  constituted, 

Control,    how   provided    for. 

Children,  how  provided  for. 

Expenses,  how  paid. 

Orphan  children  to  be  placed  in  families. 


Sec.   1617. — How  Constituted;  Legal  Designation. 

From  and  after  the  passage  of  this  act  the  Asylum  of  the 
Sisters  of  Charity  of  Santa  Fe  shall  be  constituted  an  orphans' 
home  and  industrial  school  for  the  care,  support  and  education 
of  the  orphan  and  indigent  children  of  the  Territory  of  New 
Mexico,  and  to  be  known  and  legally  designated  as  the  Or- 
phans' Home  and  Industrial  School  of  the  Territory  of  New 
Mexico. 

Sec.   1618. — Board  of  Supervisors ;  How  Constituted;  Duties. 

The  governor  of  the  Territory  of  New  Mexico,  his  grace, 
the  Most  Reverend  Archbishop  of  Santa  Fe,  and  Hon.  Mari- 
ano S.  Otero,  of  Bernalillo,  are  hereby  declared  a  board  of 
supervisors  for  the  said  Orphans'  Home  and  Industrial  School, 
and  qualified  to  act  as  such  by  virtue  of  this  act,  and  who 
shall  serve  as  such  board  of  supervisors  for  the  term  of  two 
years,  and  until  their  successors  shall  be  appointed  by  the 
legislature;  but  in  case  of  a  change  meanwhile  in  the  office 
of  governor,  the  governor  succeeding  shall  immediately  be- 
come a  member  of  such  board,  and  in  case  of  the  death,  re- 
signation, absence,  removal  or  inabihty  to  act  of  any  one 
member  of  said  board,  the  remaining  two  shall  constitute  a 
full  board  until  the  appointment  of  a  new  member  or  the 
re-appearance  and  re-qualification  of  the  third  member,  as  the 
case  may  be.  It  shall  be  the  duty  of  said  board  of  supervisors 
to  receive  and  approve  all  applications  for  admission  to  said 
Orphans'  Home  and  Industrial  School,  to  pass  upon,  examine 
and  audit  all  accounts  for  the  proper  carrying  on  of  said  in- 
stitution, and  issue  vouchers  therefor,  to  visit  the  said  institu- 
tion from  time  to  time,  and  faithfully  look  after  the  moral  and 
intellectual  progress  of  its  inmates. 

Sec.   1619. — Control;  Hozv  Provided  For. 
The  said  Orphans'  Home  and  Industrial  School  shall -be 


OF   THE   TERRITORY    OE    NEW    MEXICO  87 

under  the  care,  charge,  control,  and  custody  of  the  Sisters  of 
Charity  of  Santa  Fe,  subject  to  the  general  supervision  of  the 
board  of  supervisors  hereby  created,  and  to  all  orders  issued 
by  said  board. 

Sec.   1620. — Children;  Hozv  Provided  For. 

The  said  Sisters  of  Charity,  under  whose  care,  custody 
and  control  said  orphan  and  indigent  children  of  the  terri- 
tory are  hereby  placed,  are  to  board,  clothe  and  instruct  said 
children  in  the  common  school  branches,  and  shall  receive  as 
compensation  therefor  the  sum  of  ten  dollars  per  month  for 
each  of  said  children  so  boarded,  clothed,  instructed  and 
cared  for. 

Sec.   1621. — Expenses;  How  Paid. 

The  costs,  charges  and  expenses  which  shall  be  incurred 
by  the  said  board  of  supervisors  hereby  created,  from  time 
to  time,  shall  be  met  and  defrayed  out  of  the  territorial  treas- 
ury upon  the  written  order  of  the  said  board,  signed  by  a  ma- 
jority of  its  members. 

Sec.   1622. — Orphan  Children  to  be  Placed  in  Panvilies. 
Expenditures  Limited;  Proviso. 

It  shall  be  the  duty  of  the  probate  judges  in  the  several 
counties  to  place  all  orphan  and  indigent  children  with  some 
good  and  responsible  person,  who  will  agree  to  care  for,  edu- 
cate and  teach  them  to  work  for  a  certain  number  of  years, 
to  be  agreed  upon,  and  it  shall  be  the  duty  of  said  Sisters 
of  Charity  to  use  their  best  endeavors  in  like  manner  to  place 
such  children  in  families  for  the  same  purpose :  Provided, 
however,  That  no  more  than  five  thousand  dollars  shall  be 
expended  in  any  one  year  of  twelve  months  for  the  purposes 
of  this  act :  Provided,  Ten  children  may  be  kept  at  Bernalillo, 
but  under  the  direction  of  the  Sisters  at  Santa  Fe. 


DIPLOMAS    AND    DEGREES. 


Sec.   1624. — Diplomas;  Power  to  Grant. 

All  colleges,  universities,  and  institutions  of  learning  now 
organized,  or  that  may  be  hereafter  organized,  under  the  pro- 
visions of  the  incorporation  laws  of  the  Territory  of  New 


88  COMPUTATION    OF   THE   SCHOOIv   LAWS 

Mexico,  be,  and  they  are  hereby,  authorized  and  empowered  to 
grant  diplomas,  confer  degrees  and  all  other  literary  honors 
usually  conferred  by  such  institutions. 


ARBOR   DAY. 


Sec.  1625a. — Second  Friday  of  March  in  Bacli  Year  Set 
Apart  as  Arbor  Day.  Day  Designated  to  be  Holiday  in  all 
Public  Schools.     Governor  to  Issue  Proclamation. 

The  second  Friday  in  March  of  each  year  shall  be  set 
apart  and  known  as  Arbor  Day,  to  be  observed  by  the  people 
of  this  territory  in  the  planting  of  forest  trees  for  the  benefit 
and  adornment  of  public  and  private  grounds,  places  and  ways, 
and  in  such  other  efforts  and  undertakings  as  shall  be  in  har- 
mony with  the  general  character  of  the  day  so  established : 
Provided,  That  the  actual  planting  of  trees  may  be  done  on 
the  day  designated  or  at  such  other  most  convenient  time  as 
may  best  conform  to  local  climatic  conditions,  such  other 
time  to  be  designated  and  due  notice  thereof  given  by  the 
several  county  superintendents  of  schools  for  their  respective 
counties. 

The  day  as  above  designated  shall  be  a  holiday  in  all  pub- 
lic schools  of  the  territory,  and  school  officers  and  teachers 
are  required  to  have  the  schools  under  their  respective  charge 
observe  the  day  by  planting  of  trees  or  other  appropriate 
exercises. 

Annually,  at  the  proper  season,  the  governor  shall  issue 
a  proclamation,  calling  the  attention  of  the  people  to  the 
provisions  of  this  act,  and  recommending  and  enjoining  its 
due  observance.  The  respective  county  superintendents  of 
schools  shall  also  promote  by  all  proper  means  the  observ- 
ance of  the  day,  and  the  said  county  superintendents  of  schools 
shall  make  annual  reports  to  the  governor  of  the  territory  of 
the  action  taken  in  this  behalf  in  their  respective  counties. 


OF   THE   TERRITORY    OF    NEW    MEXICO  89 

ELECTIONS. 


CONTENTS. 

Sec.   1698.      Election  day  established. 
Sec.   1699.     Terms  of  county  officers. 


Sec.  1698. — First  Tuesday  After  First  Monday  in  November 
of  Even  Years  to  be  Day  for  Election  of  Territorial  Dele- 
gate,  Members  of  Legislature  and  County  Officers. 

The  Tuesday  next  after  the  first  Monday  in  Novem- 
ber, in  the  year  1876,  is  established  as  the  day  in  this  terri- 
tory for  the  election  of  a  delegate  to  the  forty-fifth  congress, 
all  the  county  officers  required  by  law  to  be  elected  in  this 
territory,  and  for  members  of  the  legislative  assembly  of  this 
territory.  And  the  Tuesday  next  after  the  first  Monday  in 
November  in  every  second  year  thereafter,  is  established  as 
the  day  for  the  election  in  this  territory  of  a  delegate  to  the 
congress  commencing  on  the  fourth  day  of  March  next  there- 
after, and  all  county  officers  required  by  law  to  be  elected 
in  this  territory,  and  for  the  election  of  the  members  of  the 
legislative  assembly  of  this  territory,  commencing  next  after 
said  last  mentioned  Tuesday. 

Sec.   1699. — Terms  of  County  Officers  to  Begin  First  Day  of 
Jauuary  After  Election  and  Qualification. 

Hereafter  the  terms  of  office  of  all  county  officers,  who 
may  be  elected  according  to  the  provisions  of  the  preceding 
section,  shall  commence  on  the  first  day  of  January,  next 
after  their  election,  or  as  soon  thereafter  as  they  may  have 
duly  qualified ;  and  the  terms  of  all  such  county  officers, 
whether  now  in  office  or  hereafter  elected,  shall  expire  on  the 
first  day  of  January,  next  after  said  election,  or  as  soon  there- 
after as  their  successors  may  have  duly  qualified. 

(For  contents  under  County  Officers,  see  Section  1726- 
1736). 

(See  Sections  1756-1757). 


90  COMPUTATION    OF   THK    SCHOOI.   LAWS 

FIREMEN. 


CONTENTS. 

Sec.   1763.     Certificate   of  five  years'   service,   prima   facie   evidence   to 

entitle  exemption. 
Sec.   1764.     Penalty  for  foreman   for  granting  illegal  certificates. 


(Active  members  of  fire  companies  entitled  to  certain  ex- 
emptions). 

Sec.  1763. — Persons  Serving  Five  Years  as  Firemen  in  Ter- 
ritory Entitled  to  Certificate  of  Exemption  From  Certain 
Taxes  and  Military  Duties. 

Any  person  who  has  served  five  years  as  a  fireman  in  this 
territory  as  aforesaid,  and  who  shall  present  to  the  clerk  of 
the  county  in  which  he  resides,  the  certificate  or  certificates 
of  the  president,  foreman  or  captain  of  the  company  or  com- 
panies to  which  he  may  have  belonged,  countersigned  by  the 
secretary  of  the  same,  shall  have  the  said  certificate  or  certi- 
ficates recorded  by  said  county  clerk  in  a  book  which  he  shall 
keep  for  that  purpose,  and  it  shall  be  the  duty  of  said  probate 
or  county  clerk  to  return  said  certificate  or  certificates,  to- 
gether with  his  own  under  seal,  to  the  person  entitled  thereto, 
setting  forth  the  name  of  the  company  or  companies  of  which 
said  person  was  a  member  and  the  length  of  time  he  had 
served  as  such,  for  which  the  said  clerk  shall  be  entitled  to  a 
fee  of  one  dollar,  to  be  paid  by  the  person  obtaining  the  cer- 
tificate. Such  certificate  shall  be  received  in  all  courts  and 
places  as  prima  facie  evidence  that  said  person  is  entitled  to 
the  exemption  herein  provided. 

Sec.  1764. — Fire  Company  Officials  Illegally  Issui)ig  Such 
Certificates  Liable  to  Fi^ie  of  $^o  to  $300,  JVhicli  Shall  Go 
to  School  District  Fund. 

If  the  president,  foreman  or  captain  of  any  such  fire 
company,  shall  knowingly  grant  or  issue  any  illegal  certificate 
under  the  provisions  of  this  act,  he  shall  be  deemed  guilty  of 
a  misdemeanor  and  subject  to  a  penalty  in  amount  not  less  than 
fifty,  nor  more  than  five  hundred  dollars  for  each  offense,  to 
to  be  collected  before  any  court  having  competent  jurisdiction, 
and  when  collected,  to  be  paid  into  the  treasury  of  the  public 
school  district  where  the  offense  was  committed. 

(See  Section  1765-1766). 

(See  Section  1771). 


OF   THE   TERRITORY   OF   NEW    MEXICO  91 

FENCES. 


CONTENTS. 

Sec.    1825.      Illegal  to  use  private  roads  and  open  fences. 

Sec.   1826.     Persons   opening  gate   for   passage   over   private   property, 

not  closing,  liable  for  all  damages. 
Sec.   1827.      Failure  to  close  gate  also  misdemeanor. 


vSec.   1825. — Illegal  to  Open  Private  Fences  for  Purpose^  of 
^  Using  Roads  Passing  Through  Private  Property. 

That  it  shall  be  illegal  for  any  person  or  persons  in  the 
Territory  of  New  Mexico,  to  open  any  fence  or  fences  of  any 
private  individual  or  individuals,  for  the  purpose  of  using  the 
road,  or  roads,  passing  through  the  private  property  of  any 
person  or  persons. 

Sec.  1826. — Perso)is  Passing  Through  Private  Property  and 
Failing  to  Close  Gate^  Liable  for  Damages  Resulting  to 
Land  and  Crops. 

That  any  person,  or  persons,  who  hereafter  will  open  the 
gate  of  any  fence,  or  fences,  of  any  person  or  persons,  the 
same  being  private  property,  for  the  purpose  of  passing  as 
afoi-esaid,  shall  close  said  gate,  and  if  any  person,  or  persons, 
so  passing,  shall  neglect  to  close  the  gate  of  any  fence  or 
fences  after  having  opened  the  same,  shall  be  subject  and 
responsible  for  the  damage  to  the  land,  crop,  or  grass  of  the 
owner,  or  owners,  of  such  land,  through  such  neglect ;  and 
such  damage  shall  be  appraised  as  now  provided  by  law. 

Sec.   1827. — Failure  to   Close  Gate  Also  Misdemeanor,  and 
Fines  Collected  to  Go  to  County  School  Fund. 

That  in  addition  to  the  damage  provided  for  in  this  act, 
such  person  or  persons,  violating  the  privileges  of  this  act, 
shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction 
therof  before  any  justice  of  the  peace,  shall  be  fined  in  a  sum 
not  less  than  five,  nor  more  than  ten  dollars, to  be  collected  as 
now  provided  by  law,  which  fine  shall  go  to  the  general  school 
fund  of  the  county. 


92  '     COMPUTATION    or   THE   SCHOOI,   I,AWS 

HIGHWAYS. 


Sec.  1867. — Persons  Attempting  to  Avoid  Payment  of  Tolls 
on  Toll  Roads,  Bridges  or  Ferries,  Liable  to  Pine,  Which 
Shall  Go  to  County  Public  School  Fund. 

That  any  such  corporation  so  constructing,  keeping,  and 
maintaining  any  such  wagon  road,  bridge  or  ferry  shall  have 
power  and  authority  to  charge,  receive  and  collect  the  rates, 
tolls  and  charges  fixed,  as  aforesaid,  from  any  person  or  per- 
sons, companies  or  corporations  so  using  such  road,  bridge 
or  ferry,  and  to  prohibit  any  such  persons  from  using  the 
same  until  the  rates,  tolls  and  charges  are  paid  or  tendered ; 
and  any  such  persons  using  or  attempting  to  use  the  same 
until  the  rates,  tolls,  and  charges  are  so  paid  or  tendered  shall 
be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
before  any  justice  of  the  peace  having  jurisdiction  shall  be 
fined  in  any  sum,  for  each  offense,  not  less  than  five  dollars, 
nor  more  than  ten  dollars,  said  fine  to  go  to  the  public  school 
fund  of  the  county. 

(District  judge  may  issue  a  commission  to  inquire  into 
the  lunacy  or  habitual  drunkenness  of  territorial  residents  or 
holders  of  real  estate  in  the  territory). 


HABITUAL   DRUNKARD. 


Sec.  1911. — Committee  of  Habitual  Drunkard  or  Lunatic  to 
Apply  Estate  to  Maintenance  of  Charge  and  Education  of 
Minor  Children. 

The  committee  of  said  person  found  to  be  a  lunatic  or 
habitual" drunkard,  shall  have  the  management  and  control 
of  his  person  and  estate,  and  shall  from  time  to  time  apply  so 
much  thereof  as  may  be  necessary  for  support  and  main- 
tenance of  himself  and  family,  and  for  the  education  of  his 
minor  children. 

(If  income  insufficient,  committee  may  apply  part  of 
principal  of  personal  estate  under  direction  of  court,  or  sell 
real  estate). 


of  THE   TERRITORY   OF    NEW    MEXICO  93 

REAL   ESTATE   OF    MINORS. 


CONTEXTS. 

Sec.   2055a.     No  person  to  convey  property  without  providing  for  legiti- 
mate children. 
Sec.   2055b.      Probate  judge  may  act  in  such  cases. 


Sec.  2055a. — Unlarcvful  for  Persons  to  Dispose  of  Property 
ill  Territory  Without  Making  Provision  for  Suppoi't  and 
Education  of  Minor  Children. 

No  person  who  has  been,  is  now,  or  may  hereafter  be  a 
citizen  of  this  territory,  and  who  has  departed  from,  or  left 
the  same,  and  who  shall  have  acquired,  or  may  acquire,  resi- 
dence in  any  other  part,  leaving  in  this  territory  any  legitimate 
children  under  the  age  of  twenty-one  years,  shall,  either  by 
will  or  otherwise,  sell,  convey,  nor  in  any  manner  dispose  of 
his  or  her  property,  real  or  personal,  in  this  territory,  unless  he 
or  she  shall  first  have  made  provision  for  the  support  and  edu- 
cation of  said  minor  child  or  children,  to  the  satisfaction  of 
the  probate  judge  of  the  county  wherein  such  child  or  children 
shall  be ;  and  any  will  contract,  deed,  or  other  instrument  in 
writing  whereby  it  shall  be  proposed  to  convey  any  property 
contrary  to  the  provisions  of  this  act,  shall  be  and  is  hereby 
declared,  absolutely  void  and  of  no  effect,  and  the  same  shall 
not  be  recorded  nor  verified  in  any  public  record  in  this  terri- 
tory nor  in  any  county  thereof. 

Sec.  2055b. — Probate  Judge  or  Interested  Party  May  Peti- 
tion District  Judge,  ivho  May,  after  Suit,  Decree  Sale  of 
Property  for  Support  and  Education  of  Minor  Children, 
and  Appoint  Guardian  for  Them. 

That  the  probate  judge  of  any  county  wherein  such  child 
or  children  shall  be,  or  wherein  any  such  property  of  any  such 
person  or  persons  shall  be  located,  or  any  other  interested 
party,  may  file  in  the  district  court  of  such  county  a  peti- 
tion, addressed  to  the  presiding  judge  thereof,  stating  that 
such  child  or  children  of  such  person  or  persons  is  or  are 
within  the  county,  and  that  such  person  or  persons  have  prop- 
erty in  said  territory,  and  that  said  property  and  the  proceeds 
thereof,  or  any  part  thereof,  is  necessary  for  the  use  of  said 
child  or  children  for  their  own  support  and  education ;  and 
that  said  property,  or  so  much  thereof  as  may  be  necessary  for 


91  COMPILATION    or    THE    SCHOOL    LAWS 

said  purposes,  may  be  sold  and  applied  for  said  uses,  which 
said  petition  shall  be  filed  in  said  district  court  as  a  bill  in 
equity,  and  thereupon  said  suit  shall  be  carried  and  determined 
as  other  causes  in  equity  in  said  court,  and  if  the  court  shall 
be  satisfied  that  the  proceeds  of  said  property,  or  any  part 
thereof,  shall  be  necessary  for  the  support  and  education  of 
said  child  or  children,  the  court  shall  decree  in  said  cause, 
directing  the  sale  of  said  property,  or  so  much  thereof  as  may 
be  necessary  for  the  proper  sustenance  and  education  of  said 
child  or  children,  and  shall  appoint  a  proper  person  to  act  as 
guardian  of  said  child  or  children,  who  shall  receive  and  dis- 
burse the  proceeds  of  any  such  sale;  and  said  sales  shall  be 
conducted  and  be  made  as  other  sales  under  a  decree  in  equity 
in  said  count. 


•   LAND  GRANTvS. 


Sec.  2178. — Money  Prom  Sale  or  Lease  of  Common  Lands 
of  Commnnity  Grants  to  Go  to  Public  Schools^ 

The  money  arising  from  the  sale,  lease  or  other  disposi- 
tion of  the  common  land  of  any  such  corporation  (community 
land  grant)  after  defraying  the  expenses  of  such  corporation, 
may  be  by  the  board  of  trustees  of  any  such  corporation  ap- 
plied to  the  support  and  maintenance  of  free,  non -sectarian 
public  schools  within  the  limits  of  any  such  land  grant  or 
real  estate. 


MILITIA. 


Sec.  2279. — Superintendents  of  Territorial  Military  Schools 
Having  Uniformed  and  Equipped  Cadets,  to  Serve  on 
Governor's  Statf.  Report  of  Annual  Inspection  of  Such 
Schools  to  Appear  in  Report  of  Adjutant  General. 

That  all  military  schools  within  the  territory,  the  cadets 
of  which  are  fully  uniformed  and  equipped,  shall  be  entitled 
to  have  the  superintendent  of  said  school  commissioned  as 
aide-de-camp  on  the  stafT  of  governor  and  commander-in- 
chief,  with  the  rank  of  major,  in  addition  to  the  number  of 
aide-de-camp  hereinbefore  provided  for.     The  governor  and 


OF   THE   TERRITORY   OE    NEW    MEXICO  95 

commander-in-chief  shall  cause  an  annual  inspection  to  be 
made  of  the  discipline,  courses  of  study,  and  general  manage- 
ment of  all  military  schools  within  the  territory,  a  report  of 
which  inspection  shall  appear  in  the  "annual  report  of  the  ad- 
jutant general. 

(See  Sections  2373-2388). 


RENTS   AND   TOLLS   OF   WATER   WORKS. 


Sec.  25 H. — Proceeds  of  Rents  and  Tolls  of  Water  Works  in 
Disincorporated  Municipalities  to  be  Applied  in  Various 
Ways,  Including  Support  of  Schools. 

All  moneys  which  may  be  received  as  the  proceeds,  rents, 
tolls  or  charges  of  any  water  works,  water  or  other  property 
of  such  disincorporated  city  or  town  shall  be  applied :  First, 
to  pay  the  employes  provided  for  in  the  next  preceding  sec- 
tion to  keep  such  water  works  and  other  property  in 
repair ;  second,  to  pay  the  interest  on  the  funded  indebtedness 
of  such  corporation ;  third,  to  create  a  sinking  fund  with  which 
to  purchase,  redeem  or  pay  off  such  funded  indebtedness  or 
any  part  thereof,  from  time  to  time  as  such  board  of  county 
commissioners  may  elect ;  fourth,  after  all  such  funded  indebt- 
edness shall  be  paid,  then  to  the  support  of  all  public  non-sec- 
tarian schools  within  the  limits  of  such  city  or  town  as  existed 
at  the  time  of  such  disincorporation,  unless  otherwise  provided 
by  law ;  such  dispositions  to  be  made  in  the  order  before  stated. 

(See  sections  2523-2528). 

(See  sections  2611-2616). 


OBSTRUCTION    OF    STREETS. 


Sec.  2677. — Illegal  to  Impede  Travel  on  Streets  and  Alleys 
by  Strnctures,  Excavations  or  Obstructions,  Though  One- 
Third  of  Street  May  be  Occupied  by  Building  Material. 

It  shall  be  illegal  for  any  person  to  impede  or  obstruct 
the  free  travel  of  the  streets  or  alleys  of  any  city  or  town  of 


96  COMPILATION    OF   THE    SCHOOL   LAWS 

this  territory;  and  any  person  or  persons  who  shall  obstruct, 
impede  or  embarrass  the  free  transit  of  any  street  or  alley 
within  any  town  or  city  of  this  territory,  either  by  the  con- 
struction of  cow  or  sheep  pens,  or  by  excavations  or  any  other 
embarrassment  or  obstruction,  of  whatsoever  nature  it  may 
be,  shall  be  liable  to  a  fine  in  any  sum  not  less  than  five  dollars 
nor  more  than  ten  dollars,  on  conviction  thereof  before  the 
justice  of  the  peace  of  the  respective  precinct :  Provided, 
That  every  person  actually  occupied  in  the  construction  or 
building  of  a  house  may  use  for  his  building  materials  one- 
third  part  of  the  street  or  alley  contiguous  thereto. 

Sec.  2678. — Justices  of  Peace  to  Cause  Streets  to  be  Cleared 
of  Cattle  and  Sheep  Pens,  Excavation  and  Impediments. 
Justices  Failing  to  Comply  Liable  to  Fine. 

It  shall  be  the  duty  of  the  various  justices  of  the  peace 
of  the  different  precincts  in  this  territory,  as  soon  as  they 
receiA'e  this  act,  to  cause  the  streets  or  alleys  of  the  towns  or 
cities  within  their  respective  precincts  to  be  cleared,  and  all 
pens,  either  for  cattle  or  sheep,  excavation  or  any  other  impedi- 
ment to  be  immediately  removed  by  the  person  or  persons 
maintaining  the  same;  and  if  the  person  or  persons  keeping 
such  obstructions  refuse  to  remove  the  same,  said  justice  of 
the  peace  shall  cause  said  impediment  or  obstruction  to  be 
removed  at  the  cost  of  the  person  maintaining  the  same: 
Provided,  That  if  any  justice  of  the  peace  of  any  precinct 
of  this  territory  shall  fail  to  comply  with  the  duties  on  him 
imposed  by  this  act,  on  conviction  thereof,  before  the  justice 
of  the  peace  of  the  county  in  which  such  refusal  was  com- 
mitted, he  shall  be  fined  in  any  sum  not  less  than  five  nor 
more  than  ten  dollars,  for  each  time  he  may  so  be  convicted. 

Sec.  2679. — Fines  Imposed  Under  This  Act  to  Go  to  County 

School  Fund. 

The  fines  imposed  by  virtue  of  the  above  sections  shall  be 
paid  info  the  school  fund  of  the  county  in  which  the  same 
were  imposed. 


OF    TIIK   TERRITORY    OF    NEW    MEXICO  97 

LICENSES. 


CONTENTS. 

Sec.   4125.     Licen.se  to  be  issued  for  what  period. 
Sec.   4141.      Occupation  tax  imposed. 
First — Peddler's  license. 

Second — Dealers  in  merchandise  not  exceeding  $10,000. 
Third — Dealers  in  merchandise  $10,000-$20,000. 
Fourth — Dealers  in  merchandise  $20,000-$50,000. 
Fifth — Dealers  in  merchandise  $50,000-$75,000. 
Sixth — Dealers  in  merchandise  $75,000-$100,000. 
Seventh — Dealers  in  merchandise  over  $100,000. 
Sec.   4142.      Real  estate  agents. 
Insurance  agents. 

Hotels  or  inns,  livery  stable  keepers  and  stage  lines. 
Pawnbrokers. 
Places  of  amusement. 

How  applications  for  license  to  be  made. 
Licenses  payable  in  advance. 
Penalty  for  violation  of  provisions  of  act. 
Laws  regarding  liquor  and  gaming  licenses  not  affected  by 
this  act. 
Sec.   4152.     Nickle-in-the-slot  machines  to  be  licensed. 
Sec.   4153.      Penalty  for  failure  to  comply  with  requirements  of  this  act. 


Sec. 

4143. 

Sec. 

4144. 

Sec. 

4145. 

Sec. 

4146. 

Sec. 

4147. 

Sec. 

4148. 

Sec. 

4149. 

Sec. 

4150. 

Sec.  4125. — Liquor  License  Taxes  to  be  Collected  Annually. 
Officers  Delivering  License  Before  Tax  is  Paid,  to  Forfeit 
to  School  Fund  Double  Amount  of  License. 

(As  amended).  Every  license  herein  provided  for, 
(liquor)  shall  be  issued  annually,  to  be  issued  and  collected 
and  the  proceeds  to  be  disposed  of  as  provided  by  law.  Any 
officer  who  shall  deliver  to  the  applicant  any  such  license  until 
the  tax  thereon  has  been  paid  as  herein  provided,  shall  forfeit 
to  the  said  school  fund  double  the  amount  of  said  license,  to 
be  recovered  upon  the  official  bond  of  said  officer. 

Sec.  4141. — License  Taxes  to  be  Imposed  Annually  on  Certain 
Business,  Half  to  Go  to  School  Fund. 

That  a  license  tax  or  occupation  tax,  one-half  to  be  paid 
into  general  school  fund,  and  one-half  to  the  general  current 
expense  fund  of  the  respective  counties,  shall  be  imposed  each 
year  upon  the  hereinafter  mentioned  business  or  avocations 
carried  on  by  any  person  within  the  Territory  of  New  Mexico : 

First  (As  Amended).    Specifying  Amount  of  Peddler's 

License. 

Peddlers  traveling  on  foot,  or  with  one  animal  shall  pay 
two  hundred  and  fifty  dollars ;  peddlers  with  two  animals  or 


98  COMPILATION    Of   THE   SCHOOL    LAWS 

more,  three  hundred  dollars :  Provided^  That  each  vehicle 
used  in  such  business  by  the  same  peddler  shall  require  each  a 
separate  license,  and  such  license  so  issued  to  any  peddler  shall 
only  be  good  in  the  county  in  which  the  same  may  be  issued. 
All  persons  who  may  engage  in  any  itinerate  trade,  by  sample 
or  otherwise,  selling  at  retail  to  individual  purchasers  who  are 
not  dealers  in  the  article  sold,  except  in  the  selling  of  maps, 
books,  newspapers,  fuel,  fruits,  and  domestic  machinery,  shall 
be  considered  peddlers  within  the  meaning  of  this  act. 

Second  (As  Amended).  Tax  for  Dealers  in  Merchandise^ 
Other  Than  Liquors,  Whose  Sales  Do  Not  Exceed  $io,- 
000  Annually.  , 

Dealers  in  merchandise  other  than  liquors,  whose  annual 
sales  do  not  exceed  three  thousand  dollars  ($3,000.00)  shall 
pay  a  license  tax  of  five  dollars  ($5.00)  per  annum.  Dealers 
in  merchandise  other  than  hquors,  whose  annual  sales  exceed 
three  thousand  dollars  ($3,000.00)  and  do  not  exceed  ten 
thousand  dollars  ($10,000.00)  shall  pay  a  license  tax  of  ten 
dollars  ($10.00)  per  annum. 

Third. — Tax  for  Dealers  in  Merchandise,  Other  Than  Li- 
quors, Whose  Sales  Run  From  $io,ooo  to  $20,000  An- 
nually. 

Dealers  in  merchandise,  other  than  liquors,  whose  annual 
sale  exceeds  ten  thousand  dollars,  and  do  not  exceed  twenty 
thousand  dollars,  shall  pay  a  license  tax  of  twenty  dollars  per 
annum. 

Fourth. — Tax  for  Dealers  in  Merchandise,  Other  Than  Li- 
quors, Whose  Sales  Run  From  $20,000  to  $  jo, 000  An- 
nually. 

Dealers  in  merchandise,  other  than  liquors,  whose  annual 
sale  exceeds  twenty  thousand  dollars,  and  do  not  exceed  fifty 
thousand  dollars,  fifty  dollars. 

Fifth. — Tax  for  Dealers  in  Merchandise,  Other  Than  Liquors, 
Whose  Sales  Run  From  $50,000  to  $15,000  Annually. 

Dealers  .in  merchandise,  other  than  liquors,  whose  annual 
sale  exceeds  fifty  thousand  dollars,  but  do  not  exceed  seventy- 
five  thousand  dollars,  seventy-five  dollars. 


OF    TIIK    TKRRlTCRY    OF    NEW    MEXICO  99 

Sixth. — Tax  for  Dealers  in  Merchandise^  Other  Than  Liquors, 
Whose  Sales  Run  Prom  $y 5,000  to  $100,000  Annually. 

Dealer's  in  merchandise,  other  than  liquors,  whose  annual 
sale  exceeds  seventy-five  thousand  dollars,  and  do  not  exceed 
one  hundred  thousand  dollars,  one  hundred  dollars. 

Seventh. — Tax  for  Dealers  in  Merchandise,  Other  Than  Li- 
quors, Whose  Sales  Exceed  $100,000  Annually. 

Dealers  in  merchandise,  other  than  liquors,  whose  annual 
sale  exceeds  one  hundred  thousand  dollars,  one  hundred  and 
fifty  dollars. 

Sec.  4142. — Real  B tales  and  Collection  Agents  Working  on 
Commission  to  be  Taxed  $10  Annually.   . 

All  real  estate,  or  collection  agents,  or  those  who  buy 
and  sell  real  estate  on  commission,  or  engaged  in  the  collec- 
tion of  rents  from  real  estate  on  a  percentage  or  commission, 
shall  pay  the  sum  or  amount  of  ten  dollars  per  annum. 

Sec.  4143. — Insurance  Agents  Taxed  $10  Annually. 

All  insurance  agents,  or  those  engaged  in  the  business  as 
agents  in  soliciting  or  issuing  life  or  fire  insurance,  shall  pay 
the  sum  of  ten  dollars  per  annum. 

Sec.  4144. — (As  Amended). — Taxes  for  Hotel  and  Restau- 
rant Keepers,  Owners  of  Livery  Stables  and  Stage  Lines 
Specified. 

(As  Amended).  Keepers  of  hotels,  inns  or  restaurants, 
where  food  or  lodging  is  provided,  and  whose  annual  receipts 
exceed  one  thousand  dollars,  and  do  not  exceed  two  thousand 
dollars  shall  pay  a  license  tax  of  twenty  dollars  per  annum ; 
those  whose  annual  receipts  exceed  two  thousand  dollars,  and 
do  not  exceed  five  thousand  dollars  shall  pay  a  license  tax  of 
forty  dollars  per  annum,  and  all  whose  annual  receipts  exceed 
five  thousand  dollars,  shall  pay  a  license  tax  of  sixty  dollars 
per  annum. 

All  keepers  of  livery  or  feed  stables  and  owner  of  stage 
lines  shall  pay  a  license  tax  of  ten  dollars  per  annum. 

The  provisions  of  this  section  shall  not  apply  to  private 
boarding  houses  where  food  or  lodging  is  not  furnished  to 
travelers  or  transients. 


100  COMPILATION    OF"    rut    SCHOOL   LAWS 

Sec.  4145. — Pawnbrokers  to  be  Taxed  $250. 

All  pawnbrokers,  or  persons  whose  business  is  to  trade 
or  receive  by  way  of  pledge  or  pawn,  any  kind  of  personal 
property  as  security  for  the  repayment  of  monoy  loaned,  or 
advanced,  shall  pay  a  license  tax  of  two  hundred  and  fifty 
dollars :  Provided,  That  this  section  shall  not  apply,  nor  said 
license  tax  be  required  of  any  person  advancing  money,  and 
taking  such  security,  who  shall  not  be  regularly  engaged  in 
such  business  of  pawnbroker. 

Sec.  4146. — Buildings  and  Premises  for  Public  Amusements 
to  be  Taxed,  Unless  Used  in  Whole  or  Part  for  Educa- 
tional Purposes. 

All  persons  who  are  the  owners,  or  have  under  their  con- 
trol or  management  any  building  or  premises  used  as  a  place 
of  public  amusement  or  entertainment  and  who  shall  rent  or 
hire  the  same  for  theatres,  public  balls  and  public  entertain- 
ments for  hire,  where  such  hall  or  building  has  a  seating 
capacity  of  three  hundred  persons,  shall  pay  a  license  tax  of 
ten  dollars  per  annum,  and  where  such  hall  or  building  has  a 
seating  capacity  of  more  than  three  hundred  persons,  shall  pay 
a  license  tax  of  twenty-five  dollars  per  annum :  Provided, 
This  shall  not  apply  to  any  building  used  in  whole  or  in  part 
as  an  educational  institution. 

Sec.  4147. — (As  Amended). — Applicants  for  License  Tax, 
Other  Tlian  Liquors  or  Gaining  Tables,  to  Pill  Out  Appli- 
cation Under  Oath.  Duties  of  Assessor  and  County  Clerk, 
and  Penalty  for  Delivering  License  Before  Receiving  Col- 
lector's Receipt. 

(As  Amended).  Every  person,  firm  or  corporation  who 
is  required  to  pay  an  occupation  or  license  tax  other  than  for 
the  sale  of  liquors  or  for  games  or  gaming  tables,  shall,  before 
doing  business,  make  out  an  application,  under  oath,  stating 
the  names  of  the  applicants,  the  character  of  the  business  for 
which  the  license  is  desired,  the  place  where  such  business  is 
to  be  conducted,  the  time  the  hcense  is  to  run,  and,  if  the 
amount  of  the  license  tax  is  to  be  graded  by  the  amount  of 
business  to  be  done,  or  by  any  other  condition  relating  thereto, 
then  such  application  shall  also  state  the  amount  of  busi- 
ness done  the  preceding  year,  or  if  no  business  has  been  trans- 


OF   THE  TERRITORY    OE   NEW    Mt^fiO /^Y  i,' \'hv\V]  .'^ 

acted,  then  the  approximate  amount  of  the  annual  business 
expected  to  be  done  by  the  applicant,  or  the  conditions  required 
to  be  known  in  order  to  determine  the  license  tax  to  be  paid. 
The  application,  when  so  made  out,  signed  and  sworn  to 
shall  be  presented  to  the  assessor  of  the  county  in  which  the 
business  is  to  be  done,  who  shall  assess  and  fix  the  amount  of 
such  license  tax,  and  notify  the  applicant  of  the  amount  to  be 
paid.  The  applicant  shall  then  pay  the  amount  of  such  license 
tax  to  tjie  collector  of  the  county,  who  shall  issue  a  receipt 
therefor  and  deliver  the  same  to  the  assessor.  Upon  receiv- 
ing such  receipt,  the  assessor  shall  enter  a  description  of  such 
application  in  the  list  required  by  section  4155  as  amended  in 
section  5,  of  this  act,  and  deliver  the  application  collector's 
receipt  to  the  clerk  of  his  county.  The  county  clerk  shall  file 
such  application  and  receipt  in  his  office  for  future  reference, 
and  enter  a  description  of  such  application  in  an  index  to  be 
kept  for  that  purpose,  and  he  shall  then  issue,  under  his  hand 
and  seal,  a  license  to  do  business  setting  forth  the  name  of 
the  applicant,  the  kind  of  business  to  be  transacted,  the  place 
where  such  business  is  to  be  carried  on,  the  amount  of  the 
license  tax  imposed  and  the  time  the  license  shall  expire,  and 
deliver  the  same  to  the  applicant.  The  assessor  shall  be  en- 
titled to  receive  a  fee  of  fifty  cents  for  such  assessment,  and 
the  clerk  shall  receive  a  like  amount  for  making  out  such 
license,  both  fees  to  be  paid  by  the  applicant.  Any  county 
clerk  who  shall  issue  and  deliver  any  such  license  before  receiv- 
ing the  collector's  receipt  for  the  license  tax  for  the  business 
to  be  carried  on,  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  upon  conviction  be  fined  not  less  than  fifty  dollars  nor 
more  than  one  hundred  dollars  for  each  offense,  and  be  sub- 
ject to  removal  from  office. 

Sec.  4148. — License  Taxes  of  This  Act  to  be  Paid  in  Advance, 
and  One-Half  to  Go  to  County  School  Funds. 

The  license  tax  provided  for  in  this  act  shall  be  payable  in 
the  current  funds  of  the  United  States  only,  and  payable  in 
advance,  but  such  license  may  be  applied  for  and  taken  out 
quarterly,  semi-annually  or  annually,  and  the  amount  of  such 
tax,  when  collected  by  the  collector  of  the  county,  one-half 
shall  be  paid  over  by  him  to  the  county  treasurer  for  the  use 
of  the  school  funds,  and  one-half  to  the  said  county  treasurer 
of  the  county  to  the  credit  of  the  current  expense  fund  of 
said  county. 


1(,"2  C0M.?II,ATION     OF    THE    SCHOOL    LAVVS 

Sec.  4149  (As  Amended). — Firms  or  Individuals  Attempting 
to  Engage  in  Business  IVithout  Paying  Requisite  Tax,  to 
Forfeit  Double  Amount  of  Tax.  Penalty  for  Refusal  to 
Take  Out  Business  License. 

(As  amended.)  Any  person,  firm,  or  corporation  who 
sha41  engage  in  or  carry  on  any  business  or  avocation,  for 
which  a  license  is  required  without  having  paid  such  tax, 
shall  be  required  to  pay  double  the  amount  of  such  tax  for 
the  time  which  has  expired  from  the  beginning  of  such  busi- 
ness or  avocation  until  a  legal  application  for  a  license  shall 
have  been  made ;  and  if  such  person,  firm  or  corporation  shall 
refuse  or  neglect  to  take  out  a  license,  and  pay  the  penalty 
above  mentioned,  for  thirty  days  after  receiving  notice  from 
the  assessor,  a  notice  such  as  is  required  by  section  4155  as 
amended  by  section  5  of  this  act,  shall  be  deemed  guilty  of  a 
misdemeanor,  and,  upon  conviction,  be  fined  any  sum  not 
less  than  fifty  nor  more  than  one  hundred  dollars,  or  be  im- 
prisoned in  the  county  jail  not  more  than  six  months. 

Sec.  4150. — Laz^'s  Regarding  Liquor  and  Gaming  License  N^ot 
Affected  by  This  Act. 

The  provisions  of  this  act  shall  in  no  manner  annul,  repeal, 
revoke,  change,  alter,  or  amend  any  of  the  laws  of  this  terri- 
tory respecting  the  licenses  required  of  wholesale  or  retail 
dealers  in  vinous,  malt,  or  spirituous  liquors,  or  the  law  regu- 
lating the  licensing  games  of  chance,  but  shall  only  be  applica- 
ble to  the  business  in  the  vocations  herein  especially  mentioned. 

Sec.  4152. — Operators  of  Nickel-in-the-Slot  Machines  to  Pay 
Annual  License  of  $§o  for  County  School  Fund.  Purely 
Musical  or  Weighing  Machines  and  Those  Not  Gambling 
Devices  Excepted. 

That  all  persons,  firm,  company,  or  corporation,  owning, 
operating,  or  conducting  any  nickel  or  penny-in-the-slot  ma- 
chines, or  other  slot  machines,  within  the  Territory  of  New 
Mexico,  shall  pay  an  annual  license  of  fifty  dollars  per  year 
for  each  and  every  one  of  such  machines  so  owned,  operated 
or  conducted,  which  license  shall  be  issued  by  the  probate 
clerk  and  paid  to  the  officer  now  authorized  by  law  to  collect 
licenses,  and  shall  be  applied  to  the  general  ^county  school  fund : 
Provided,  That  no  nickel-in-the-slot  machine  used  purely  as  a 


OF    THE    TERRITORY    OE    NEW    MEXICO  -103 ""' /"K 

musical  instrument,  for  weighing  or  other  similar  purposes 
and  not  as  a  gambling  device  or  game  of  chance,  shall  be  re- 
garded as  coming  under  the  provisions  of  this  act,  and  the 
owner  or  operator  of  such  last  mentioned  machines  or  ma- 
chine shall  not  be  required  to  pay  license  upon  or  for  operating 
the  same.  ' 

Sec.  4153. — Persons  Failing  to  Comply  With  Requirements  of 
Preceding  Section  Liable  to  Fine,  Which  Shall  Go  to  Gen- 
eral County  School  Fund. 

Any  person,  firm,  company,  or  corporation  who  shall  re- 
fuse or  fail  to  comply  with  the  provisions  of  section  four 
thousand  one  hundred  and  fifty-two  shall  be  fined  by  a  fine  of 
not  less,  than  ten  dollars,  nor  more  than  one  hundred,  which 
fine  shall  be  collected  by  action  as  now  provided  by  law  for 
the  collection  of  fines,  and  when  so  collected  shall  go  to  the 
general  county  school  fund. 

(See  section  4176  et  seq.). 

(See  sections  4177-4184). 


; 


104  COMPILATION    OF    THE    SCHOOL    LAWS 


Territorial  Educational  Institutions. 


COMPILED  LAWS  OF  1897,  AS  AMENDED. 


TERRITORIAL    INSTITUTIONS. 


Sec.  3S50  (As  Amended). — Designated  Territorial 

The  New  Mexico  College  of  Agriculture  and  Mechanic 
Arts,  the  University  of  New  Mexico,  the  New  Mexico  School 
of  Mines,  the  New  Mexico  Normal  School  at  Silver  City,  the 
New  Mexico  Normal  University  at  Las  Vegas,  the  New 
Mexico  Military  Institute  at  Roswell,  the  New  Mexico  Insane 
Asylum,  the  New  Mexico  Asylum  for  the  Deaf  and  Dumb,  the 
New  Mexico  Institute  for  the  Blind  shall  be  known  as  Terri- 
torial institutions. 


NEW  MEXICO  COLLEGE  OF  AGRICULTURE  AND 
MECHANIC   ARTS. 


Sec. 

3551. 

Sec. 

3552. 

Sec. 

3554. 

Sec. 

3555. 

Sec. 

3557. 

Sec. 

3558. 

to  coll 

Sec. 

3559. 

Sec. 

3560. 

Sec. 

3562. 

Sec. 

3566. 

ings. 

Sec. 

3567. 

Sec. 

3767a. 

lege. 

CONTENTS. 

Agricultural  College  and  Experiment  Station  created. 
Curriculum.   . 

When  and  where  board  shall  organize. 
Powers  of  regents. 
Location  of  Experiment  Station. 

Assent  of  legislature  given  to  act  of  congress  giving  money 
ege  for  stations. 

Power  of  board  to  enact  laws  for  government  of  college. 
Several  departments  intrusted  to  faculties. 
Regents  authorized  to  erect  buildings. 

Regents  authorized   to   appropriate  money  to   erect  build- 
Part  of  government  money  to  be  applied  for  their  support. 
Acceptance  of  Congressional  grant  for  Agricultural  Col- 


Sec.  3551. — Agricidtural  College  and  Station  Created. 

There  is  also  hereby  created  and  established  an  institu- 
tion of  learning,  to  be  known  as  the  Agricultural  College  and 


OF   THE   TERRITORY   OF    NEW    MEXICO  105 

Agricultural  Station  of  New  Mexico.  Said  institution  is 
hereby  located  at  or  near  the  town  of  Las  Cruces,  in  the  County 
of  Dona  Ana,  upon  a  tract  of  land  of  not  less  than  one  hun- 
dred (100)  acres,  contiguous  to  the  main  Las  Cruces  irrigat- 
ing ditch,  south  of  said  town,  and  now  owned  by  Jacob 
Schaublin,  and  which  said  land  shall,  within  six  months  from 
the  passage  of  this  act,  be  donated  and  conveyed  by  said 
Schaublin,  free  of  any  cost  and  expense,  to  the  Territory  of 
New  Mexico  for  such  purpose :  Provided,  That  no  improve- 
ments or  buildings,  as  hereinafter  provided  for,  shall  be  made 
or  erected  upon  such  land  until  deed  is  duly  executed,  re- 
corded and  filed  in  the  office  of  the  Secretary  of  the  Territory, 
as  hereinafter  provided. 

Sec.  3552. — To  be  Institution  of  Learning;  to  be  Non- 
Sectarian. 

The  Agricultural  College  and  Agricultural  Experiment 
Station,  created  and  established  by  this  act,  shall  be  an  in- 
stitution of  learning  open  to  the  children  of  all  the  residents 
of  this  territory,  and  such  other  persons  as  the  board  of  re- 
gents may  determine,  upon  such  terms,  rules  and  regulations 
as  may  be  prescribed  by  said  board  of  regents;  shall  be  non- 
sectarian  in  character  and  devoted  to  practical  instruction  in 
agriculture,  mechanic  arts,  natural  sciences  connected  there- 
with, as  well  as  a  thorough  course  of  instruction  in  all  branches 
of  learning  bearing  upon  agriculture,  and  other  industrial 
pursuits. 

Sec.  3553. — Curriculum. 

The  course  of  instruction  of  the  college  hereby  created 
shall' embrace  the  English  language,  literature,  mathematics, 
philosophy,  civil  engineering,  chemistry  and  animal  and  vege- 
table anatomy  and  physiology,  the  veterinary  art,  entomology, 
geology  and  political,  rural  and  household  economy,  horticul- 
ture, moral  philosophy,  history,  mechanics  and  such  other 
sciences  and  courses  of  instruction  as  shall  be  prescribed  by  the 
regents  of  this  institution  of  learning.  The  management  of 
said  college  and  experiment  station,  the  care  and  preservation 
of  all  property  of  which  such  institution  shall  become  pos- 
sessed, the  erection  and  construction  of  all  buildings  necessary 
for  the  use  of  said  college  and  station,  and  the  disbursement 
and  expenditure  of  all  moneys  provided  for  by  this  act  shall  be 
vested  in  a  board  of  five  regents.      Said  five  regents  shall 


106  COMPILATION    OF    THE    SCHOOL    LAWS 

possess  the  same  qualifications,  shall  be  appointed  in  the  same 
way,  and  the  terms  of  office  shall  be  the  same,  and  vacancies 
shall  be  filled  in  like  manner  as  is  provided  in  section  three 
thousand  five  hundred  and  seventy-one  and  three  thousand 
five  hundred  and  seventy-two,  with  reference  to  the  regents 
of  the  territorial  university.  Said  regents  and  their  succes- 
sors in. office  shall  constitute  a  body  corporate,  with  the  name 
and  style  of  the  Regents  of  the  Agricultural  College  of  New 
Mexico,  with  the  right  as  such  of  suing  and  being  sued,  of 
contracting  and  being  contracted  with,  of  making  and  using 
a  common  seal,  and  altering  the  same  at  pleasure,  of  causing- 
all  things  to  be  done  necessary  to  carry  out  the  provisions  of 
this  act,  A  majority  of  the  board  shall  constitute  a  quorum 
for  the  transaction  of  business,  but  a  less  number  may  adjourn 
from  time  to  time. 

Sec.  3S54.-  -IV hen  and  IV here  Board  Shall  Organise. 

The  board  shall  meet  and  organize  by  the  election  of  its 
said  ofikers  at  said  town  of  Las  Cruces,  or  at  the  said  college 
grounds,  and  in  the  said  county  of  Dona  Ana,  on  the  second 
Wednesday  in  November,  A.  D,  1889.  The  officers  then 
elected  and  their  successors  in  office  shall  be  the  same,  be 
elected  in  the  same  maniier,  at  the  same  time,  and  possess  the 
same  qualifications,  and  the  regents  and  officers  shall  perform 
their  duties  as  provided  for  the  regents  and  officers  of  the 
University  of  New  Mexico  in  this  act. 

Sec,  3555. — Poivers  of  Regents. 

The  regents  shall  have  the  power  and  it  shall  be  their 
duty  to  enact  laws  for  the  government  of  the  said  Agricultural 
College  and  Experiment  Station. 

Sec.  3556. — Further  Powers. 

The  board  of  regents  shall  direct  the  disposition  of  any 
moneys  belonging  to  or  appropriated  to  the  Agricultural  Col- 
lege and  Experiment  Station  established  by  this  act,  and  shall 
make  all  rules  and  regulations  necessary  for  the  government 
and  management  of  the  same,  adopt  plans  and  specifications 
for  necessary  buildings  and  superintend  the  construction  of 
said  buildings,  and  fix  the  salaries  of  professors,  teachers  and 
other  employes,  and  the  tuition  fees  to  be  charged  in  said 
college. 


01'    TIIK    TERRITORY    OF    NEW    MEXICO  107 

Sec.  3557. — Experiment  Station,  to  be  Located  Upon  Land 
Upon  Which  College  is  Situated. 

The  Agricultural  Experiment  Station  provided  for  in  this 
act  in  connection  with  said  Agricultural  College  shall  be  like- 
wise located  upon  the  land  referred  to  in  section  three  thou- 
sand five  hundred  and  fifty-one,  and  it  shall  be  under  the  direc- 
tion of  the  said  board  of  regents  of  said  college  for  the  purpose 
of  conducting  experiments  in  agriculture  according  to  the 
terms  of  section  one  of  an  act  of  Congress  approved  March  2, 
1887,  and  entitled.  An  act  to  establish  agricultural  experiment 
stations  in  connection  with  the  colleges  established  in  the  sev- 
eral states  under  the  provisions  of  an  act  approved  July  2, 
1862,  and  of  the  acts  supplementary  thereto.  The  said  college 
and  expeYiment  station  shall  be  entitled  to  receive  all  the  bene- 
fits and  donations  made  and  given  to  similar  institutions  of 
learning  in  other  states  and  territories  of  the  United  States  and 
territories  by  the  legislation  of  the  Congress  of  the  United 
States  now  in  force  or  that  may  hereafter  be  enacted,  and  par- 
ticularly to  the  benefit  and  donations  given  by  the  provisions 
of  an  act  of  Congress  of  the  United  States  entitled.  An  act 
donating  public  lands  to  the  several  states  and  territories, 
which  may  provide  colleges  for  the  benefit  of  agriculture  and 
mechanic  arts,  approved  July  2,  1862,  and  of  all  acts  supple- 
mentary thereto,  including  th6  act  entitled,  An  act  to  establish 
agricultural  experiment  stations  in  connection  with  colleges 
established  in  the  several  states  under  the  provisions  of  an  act 
•approved  July  2,  1862,  and  of  the  acts  supplementary  thereto, 
which  said  last  mentioned  act  was  approved  March  2,  1887. 

Sec.  3558. — Assent  of  Legislation  Given  to  Act  of  Congress, 
Granting  Money  to  College  for  Stations. 

The  assent  of  the  legislative  assembly  of  the  Territory  of 
New  Mexico  is  hereby  given  in  pursuance  of  the  requirements 
of  section  three  thousand  and  five  hundred  and  seventy-one  of 
Congress,  approved  March  2,  1887,  to  the  granting  of  money 
therein  made  to  the  establishment  of  experiment  stations  in 
accordance  with  section  one  of  said  last  mentioned  act,  and 
assent  is  hereby  given  to  carry  out,  within  the  Territory  of 
New  Mexico,  all  and  singular  the  provisions  of  said  act. 

Sec.  3559. — Poiver  of  Board  to  Enact  Lazvs  for  Government 

of  College. 
The  board  of  regents   shall  have  power  and   it  shall  be 


108  COMPUTATION   OF  THE   SCHOOI,  I.AWS 

their  duty  to  enact  laws  for  the  government  of  the  Agricul- 
tural College  and  Experiment  Station,  and  the  meetings  of 
said  board  may  be  called  in  such  manner  as  the  regents  may 
prescribe. 

Sec.  3560. — Several  Departments  Intrusted  to  Faculties. 

The  immediate  government  of  the  several  departments 
shall  be  intrusted  to  their  respective  faculties,  but  the  regents 
shall  have  the  power  to  regulate  the  course  of  instruction  and 
prescribe,  under  the  advice  of  the  faculty,  the  books  and  au- 
thorities to  be  used  in  the  several  departments,  and  also  to 
confer  such  degrees  and  grant  such  diplomas  as  are  usually 
conferred  and  granted  by  other  agricultural  colleges.  The 
regents  shall  have  power  to  remove  any  officer  connected  with 
the  Agricultural  College  or  Experiment  Station  when,  in  their 
judgment,  the  best  interests  of  the  college  require  it. 

Sec.  3562. — Regents  Authorised  to  Brect  Buildings. 

The  board  of  regents  of  the  Agricultural  College  and 
Agricultural  Station  of  New  Mexico  are  hereby  authorized 
and  instructed  to  apply  to  the  construction  of  buildings,  etc., 
of  the  sub-Agricultural  Experiment  Station,  provided  for  by 
this  act,  the  sum  of  five  thousand  dollars,  appropriated  by 
the  legislative  assembly  of  New  Mexico  for  the  Agricultural 
Experiment  Station  in  the  County  of  San  Juan,  under,  and 
by,  the  provisions  of  House  Bill  No.  81,  being  an  act  entitled. 
An  act  and  resolution  authorizing  the  governor  to  receive 
certain  moneys  from  the  United  States,  accepting  the  terms 
of  the  act  of  congress  appropriating  the  same  and  providing 
for  the  disposition  thereof. 

Sec.  3566. — Regents  Authorized   to   Appropriate  Money   to 
Brect  Buildings. 

The  board  of  regents  of  the  Agricultural  College  and 
Agricultural  Station  of  New  Mexico  is  hereby  authorized  and 
empowered  to  apply  to  the  construction  of  buildings,  etc.,  upon 
the  lands  dojiated  to  each  of  said  branch  agricultural  experi- 
ment stations  provided  for  by  this  act,  out  of  the  moneys 
hereinafter  levied  and  collected,  the  sum  of  not  less  than  two 
thousand  five  hundred  dollars  to  each  of  said  experiment 
stations. 


OF   THE   TERRITORY   OF    NEW    MEXICO  109 

Sec.  3567. — Part  of  Government  Money  to  he  Applied  for 

Their  Support. 

The  board  of  regents  of  the  Agricultural  College  and 
Agricultural  Station  of  New  Mexico  is  hereby  authorized  and 
instructed  to  apply  to  the  support  and  maintenance  of  each  of 
the  branch  agricultural  experiment  stations  hereby  created  so 
much  of  all  the  moneys  now  on  hand  and  hereafter  received 
from  the  government  of  the  United  States,  under  and  by 
virtue  of  an  act  of  the  Congress  of  the  United  States,  approved 
March  2,  1887,  and  entitled  An  act  to  establish  agricultural 
experiment  stations  in  connection  with  the  colleges  established, 
in  the  several  states,  under  the  provisions  of  an  act  approved 
July  2,  1862,  and  of  the  acts  supplementary  thereto,  as  can  be 
applied  by  said  board  of  regents  in  justice  to  the  Agricultural 
College  of  New  Mexico,  at  Las  Cruces,  and  the  experiment 
stations  hereby  and  heretofore  established  in  other  portions  of 
the  territory. 

Sec.  3567a. — Acceptance  of  Congressional  Grant  for  Agri- 
cultural College. 

The  assent  of  the  legislative  assembly  of  the  Territory 
of  New  Mexico  is  hereby  given  in  pursuance  of  the  require- 
ment of  section  two  of  an  act  of  Congress  entitled,  An  act  to 
apply  a  portion  of  the  proceeds  of  the  public  lands  to  the 
more  complete  endowment  and  support  of  the  colleges  for  the 
benefit  of  agriculture  and  the  mechanic  arts,  established  under 
the  provisions  of  an  act  of  Congress  approved  July  2.  1862, 
approved  August  30,  1890.  to  the  granting  of  moneys  for  the 
benefit  of  the  Agricultural  College  of  the  Territory  of  New- 
Mexico,  and  the  said  legislative  assembly  accepts  and  con- 
sents to  all  of  the  terms  and  conditions  of  said  act  of  Congress, 
and  assent  is  further  given  to  carry  out  within  the  Territory 
of  New  Mexico,  all  and  singular,  the  provisions  of  said  act  of 
Congress.  • 


no  COMPUTATION    OF   THE   SCHOOL   LAWS 

THE   UNIVERSITY   OF   NEW   MEXICO. 


CONTENTS. 

Sec.  3568.  Creation  and   location  of  University. 

Sec.  3569.  Intended  for  State  University. 

Sec.  3570.  Objects. 

Sec.  3571.  Board  of  regents  to  have  control. 

Sec.  3572.  Terms  of  office  of  regents. 

Sec.  3573.  To  be  body  corporate. 

Sec.  3574.  Organization,  secretary  to  give  bond. 

Sec.  3575.  President;   his  duties. 

Sec.  3576.  Regents  to  make  rules,  etc. 

Sec.  3577.  Departments  to  be  established. 

Sec.  3578.  Faculties  to  have  charge  of  departments. 

Sec.  3579.  Open  to  children  of  all  residents. 

Sec.  3580.  To  be  non-sectarian. 

Sec.  3581.  Meetings,  quorum. 

Sec.  3582.  Erection  of  buildings. 

Sec.  3583.  Regents  may  lease  part  of  University  grounds. 

Sec.  3584.  Regents  may  contract  for  payment  of  rent. 

Sec.  3585.  Building,  when  completed,  may  be  purchased. 

Sec.  3586.  Territory  not  liable. 

Sec.  3587.  Commissioner  to  select  l^nds. 

Sec.  3588.  Commissioner  to  act. 

Sec.  3589.  Sub-division  and  filing. 

Sec.  3590.  Surveyed  lands,  to  claim. 

Sec.  3591.  Commissioners  report  to  legislature. 


Sec.  3568. — University  of  New  Mexieo  Created ;  Where 

Located. 

There  is  hereby  created  and  estabhshed  within  and  for 
the  Territory  of  New  Mexico  an  institution  of  learning  to  be 
known  as  the  University  of  New  Mexico.  Said  institution  is 
hereby  located  at  or  near  the  town  of  Albuquerque,  in  the 
county  of  Bernalillo,  within  two  miles  north  of  Railroad 
avenue,  in  said  town,  upon  a  tract  of  good,  high  and  dry  land, 
of  not  less  than  twenty  acres,  suitable  for  the  purposes  of  such 
institution,  which  said  land  shall,  within  six  months  from  the 
passage  of  this  act,  be  donated  and  conveyed,  free  of  any  cost 
and  expense,  to  the  Territory  of  New  Mexico,  by  G.  W.  Mey- 
lert :  Provided ,  That  no  improvements  or  buildings  as  here- 
inafter provided  for  shall  be  made  or  erected  upon  such  land 
until  such  deed  is  duly  executed,  recorded  and  filed  in  the  office 
of  the  Secretary  of  the  Territory,  as  hereinafter  provided. 

Sec.  3569. — University  Intended  for  State  University;  When 
territory  Admitted. 
The  University  of  New  Mexico  hereby  created  and  estab- 


OF  The  territory  of"   nKw   mexico  m 

lished,  is  intended  to  be  the  state  university  when  New  Mexico 
shall  be  admitted  as  a  state  into  the  Union,  and  as  such  is  en- 
titled to  all  the  donations  of  land  and  all  other  benefits  under 
all  acts  of  Congress  now  in  force  or  hereafter  to  be  enacted 
for  the  benefit  of  such  educational  institutions  in  the  future 
state. 

Sec.  ZS70.— Objects. 

The  object  of  the  university  hereby  created  shall  be  to 
provide  the  inhabitants  of  the  Territory  of  New  Mexico  and 
the  future  state  with  the  means  of  acquiring  a  thorough  knowl- 
edge of  the  various  branches  of  literature,  science,  and  arts. 

Sec.  3571. — Control  Reposed  in  Board  of  Regents;  Regents, 
Hoiv  Appointed. 

The  management  and  control  of  said  university,  the  care 
and  preservation  of  all  property  of  which  it  shall  become 
possessed,  the  erection  and  construction  of  all  buildings  neces- 
sary for  its  use,  and  the  disbursement  and  expenditure  of  all 
moneys  appropriated  by  this  act,  shall  be  vested  in  a  board  of 
five  regents,  to  consist  of  five  qualified  voters,  who  shall  be 
owners  of  real  estate  in  this  territory.  Said  five  members 
of  the  board  of  regents  shall  be  appointed,  in  the  manner  now 
provided  bylaw  for  the  appointment  of  territorial  officers,  not 
earlier  than  the  first  day  of  September,  nor  later  than  the  first 
day  of  October  next  after  the  passage  of  this  act,  and  vacancies 
occurring  in  said  board  shall  be  filled  in  the  same  manner  a^ 
is  now  provided  by  law  for  the  filling  of  vacancies  in  other 
territorial  offices. 

Sec.  3572. — Their  Terms  of  Office. 

The  board  of  regents  provided  for  in  this  act  shall  be 
appointed,  one  for  a  term  of  one  year,  one  for  a  term  of  two 
years,  one  for  a  term  of  three  years,  one'for  a  term  of  four 
years,  and  one  for  a  term  of  five  years :  Provided,  That  all 
appointments  made  to  fill  vacancies  caused  by  death,  resigna- 
tion or  otherwise  shall  be  for  the  unexpired  term  of  the  in- 
cumbent, whose  place  shall  have  become  vacant.  All  other 
appointments  made  subsequent  to  the  appointment  of  the  first 
Board  of  Regents  provided  for  in  this  act  shall  be  for  the 


112  COMPILATION    OF    THE    SCHOOL    LAWS 

term  of  five  years,  and  until  the  appointment  and  qualification 
of  a  successor  to  such  appointee. 

Sec.  3573. — To  he  a  Body  Corporate. 

The  regents  of  the  university  and  their  successors  in  office 
shall  constitute  a  body  corporate  under  the  name  and  style  of 
The  Regents  of  the  University  of  New  Mexico,  with  the  right, 
as  such,  of  suing  and  being  sued,  of  contracting  and  being 
contracted  with,  of  making  and  using  a  common  seal  and 
altering  the  same  at  pleasure. 

Sec.  3574. — Organization,  Secretary  to  Give  Bond. 

The  board  of  regents  of  the  University  of  New  Mexico 
shall  meet  and  organize  by  the  election  of  its  officers  at  Albu- 
querque, in  said  Bernalillo  county,  on  the  second  Wednesday 
in  November,  A.  D.  1889.  The  officers  then  elected  shall  hold 
their  offices  until  the  second  Monday  in  March,  A.  D.  1891, 
when  their  successors  shall  be  elected,  and  said  elections  shall 
occur  annually  on  the  second  Monday  in  March  in  each  year 
thereafter;  all  officers  so  elected  shall  hold  their  offices  until 
their  successors  are  duly  elected  and  qualified.  At  such  elec- 
tions they  shall  elect  a  president  and  secretary  and  treasurer 
from  their  number.  The  person  so  elected  as  secretary  and 
treasurer  shall,  before  entering  upon  the  discharge  of  his  du- 
ties as  such,  execute  a  good  and  sufficient  bond  to  tlie  Territory 
of  New  Mexico,  with  two  or  more  sufficient  sureties,  residents 
of  this  territory,  in  the  penal  sum  of  not  less  than  twenty 
thousand  dollars,  conditioned  for  the  faithful  performance 
of  his  duties  as  such  secretary  and  treasurer,  and  that  he  will 
faithfully  account  for  and  pay  over  to  the  person  or  persons 
entitled  thereto  all  moneys  which  shall  come  into  his  hands  as 
such  officer,  which  said  bond  shall  be  approved  by  the  governor 
of  the  territory  and  shall  be  filed  with  the  territorial  secretary. 

Sec.  3575. — President;  Duties. 

The  president  of  said  board  shall  be  the  chief  executive 
officer,  shall  preside  at  all  meetings  thereof,  except  that  when 
he  is  absent  the  board  may  appoint  a  president  pro  tern,  and 
sign  all  instruments  required  to  be  executed  by  said  board. 
He  shall  also  generally  direct  the  affairs  of  said  university, 
nominate,  and  by  and  with  the  advice  and  consent  of  the  board 
of   regents,   appoint   all    professors,    tutors,    instructors   and 


OF    THE    TERRITORY    OF    NFW    MEXICO  113 

other  employes  necessary  to  the  proper  conchict  of  said  uni- 
versity :  and  in  hke  manner  shall  be  determined  the  amount  of 
their  respective  salaries,  subject  to  the  provisions  of  this  act. 
The  secretary  and  treasurer  shall  be  the  financial  and  recording 
officer  of  said  board,  shall  keep  a  true  and  correct  account  of 
all  moneys  received  and  expended  by  him,  shall  attest  all  in- 
struments reciuired  to  be  signed  by  the  president,  and  shall 
keep  a  true  record  of  all  the  proceedings  of  said  board  and 
generally  do  all  other  things  required  of  him  by  said  board. 

Sec.  3576. — Power  of  Regents  to  Make  Rules,  Bte. 

The  regents  shall  have  power  and  it  shall  be  their  duty  to 
enact  laws,  rules  and  regulations  for  the  government  of  the 
university. 

Sec.  3577. — Departments  to  he  Established. 

The  university  shall  have  departments,  which  shall  here- 
after be  opened  at  such  times  as  the  board  of  regents  shall 
deem  best,  for  instruction  in  science,  literature  and  the  arts, 
law,  medicine,  engineering  and  such  other  departments  and 
studies  as  the  board  of  regents  may,  from  time  to  time,  decide 
upon,  including  miltiary  training  and  tactics. 

Sec.  3578. — Government  of  Departments  Intrusted  to  Their 

Faculties. 

The  immediate  government  of  the  several  departments 
shall  be  intrusted  to  their  respective  faculties,  but  the  regents 
shall  have  the  power  to  regulate  the  course  of  instruction,  and 
prescribe  the  books  and  authorities  to  be  used  in  the  several 
departments,  and  also  confer  such  degrees  and  grant  such 
diplomas  as  are  usually  conferred  and  granted  by  other  uni- 
versities. The  regents  shall  have  power  to  remove  any  officer 
connected  with  the  university  when,  in  their  judgment,  the  in- 
terests require  it. 

Sec.  3579.^0 pen  to  Children  of  All  Residents. 

The  university  created  by  this  act  shall  be  open  to  the 
children  of  all  residents  of  this  territory,  and  such  others  as 
the  board  of  regents  may  determine,  under  such  rules  and 
regulations  as  may  be  prescribed  by  said  board,  whenever  the 
finances  of  the  institution  shall  warrant  it,  and  it  is  deemed 
expedient  by  said  board  of  regents. 


114  COMPILATION    OF    THE    SCHOOL    LAWS 

Sec.  3580. — To  he  Non-Sectarian. 

No  sectarian  tenets  or  opinions  shall  be  required  to  en- 
title any  person  to  be  admitted  as  a  student  or  employed  as  a 
tutor  or  other  instructor  in  said  university,  but  the  same  shall 
forever  be  strictly  non-sectarian  in  character. 

Sec.  3581. — Meetings,    Quorum. 

The  meetings  of  the  board  may  be  called  in  such  manner 
as  the  board  of  regents'  may  prescribe,  and  the  majority  of  said 
board  shall  constitute  a  quorum  for  the  transaction  of  business, 
but  a  less  number  may  adjourn  from  time  to  time. 

Sec.  3582. — Regents  Authorised  to  Contract  for  Erection  of 

Buildings. 

That  the  board  of  regents  of  the  University  of  New  Mex- 
ico are  hereby  authorized  and  empowered  to  enter  into  a 
contract  with  some  proper  person  or  corporation  for  the  erec- 
*tion  of  a  building  on  the  grounds  of  the  university,  suitable  for 
dormitory  purposes,  and  to  be  used  for  that  and  such  other 
purposes  as  the  needs  of  the  university  may  require:  Pro- 
vided, That  the  said  building  shall  not  cost  to  exceed  the  sum 
of  twenty  thousand  dollars. 

Sec.  3583. — Regents  Authorised  to  Lease  Part  of  University 

Grounds. 

Said  board  of  regents  are  hereby  authorized  to  lease  to 
the  person  or  corporation  erecting  said  building  such  part 
of  the  unversity  grounds  as  may  be  necessary  for  a  site  for 
said  building,  together  with  the  right  of  way  over  the  univer- 
sity grounds  from  the  public  highway  to  said  building,  said 
lease  to  run  for  the  period  of  thirty  years,  unless  said  building 
shall  be  purchased  for  the  uses  of  the  university  before  that 
time,  in  which  event  said  lease  shall  terminate,  and  the  annual 
rental  to  be  named  in  said  lease  shall  be  the  sum  of  one  dollar. 

Sec.  3584. — Regents  May  Contract  for  Payment  of  Rent. 

Said  board  of  regents  may  contract  for  the  payment  of 
an  annual  rental  for  said  building  when  erected,  a  sum  not  to 
exceed  eight  per  cent,  on  the  actual  cost  of  the  building  after 
deducting  the  cost  of  the  insurance  and  fixed  charges :  And 
provided,  further,  That  said  building  and  site  shall  be  exempt 
from  taxation  of  all  kinds. 


OF  the;  te;rritory  of  new  licxico  115 

Sec.  3585. — Buildings,  When  Completed,  May  Be  Purchased. 

The  contract  so  made  for  the  erection  of  said  building 
shall  provide  that  the  same  may  be  purchased  for  the  uses  of 
the  university  at  any  time  during  the  said  period  of  thirty 
years,  upon  the  payment  as  purchase  money  therefor  the  actual 
cost  of  the  same  when  erected. 

Sec.  3586. — Territory  Not  Liable. 

By  the  making  of  said  contract,  no  obligation  shall  be 
imposed  upon  the  territory  to  carry  out  the  same,  or  to  make 
any  appropriation  for  the  payment  of  said  annual  rental,  or 
the  purchase  of  said  building,  than  it  otherwise  would  or  shall 
make,  by  some  other  affirmative  act,  and  any  appropria- 
tion hereafter  made  by  the  legislative  assembly  for  such  pur- 
poses shall  be  considered  voluntary. 

•Sec.  3587. — Commissioners  to  Select  Lands  Authorized. 

Authority  is  given  to  the  governor  of  the  territory  by 
this  act  to  appoint  a  commissioner  to  choose  two  townships 
of  land  on  surveyed  land  of  the  public  domain  within  this  terri- 
tory, which  have  been  granted  by  the  general  government  to 
establish  a  university  in  this  territory,  in  conformity  with  an 
act  of  Congress,  approved  July  22,  1854,  entitled,  An  act  to 
create  the  offices  of  surveyor  general  in  the  Territories  of  New 
Mexico,  Kansas  and  Nebraska,  to  grant  lands  to  actual  settlers 
and  for  other  purposes,  in  its  section  six. 

Sec.  3588. — Commissioners  to  Act. 

As  soon  as  said  commissioner  is  appointed,  he  shall  pro- 
ceed to  carry  out  the  provisions  of  this  act. 

Sec.  3589. — Sub-Division  and 'Filing. 

When  said  commissioner  shall  have  selected  the  two 
townships  on  surveyed  lands,  or  that  may  be  hereafter  sur- 
veyed, he  shall  make  legal  sub-divisions,  not  less  than  one-half 
section,  and  shall  file  a  list  of  land  so  selected  in  the  office  of 
the  surveyor  general  and  the  register  of  the  land  office  of  this 
territory,  at  Santa  Fe :  Provided,  however.  That  the  expenses 
for  selecting  and  locating  said  lands  shall  not  exceed  the  sum 
of  one  hundred  dollars,  which  amount  is  hereby  appropriated 
to  be  paid  out  of  the  funds  of  the  territory  by  order  of  the 
governor. 


116  COMPIIvATlON    OF    THE    SCHOOL    LAWS 

Sec.  3590. — Surveyed  Lands,  to  Claim. 

The  said  commisisoner,  as  herein  authorized,  shall  claim 
and  demand,  on  lands  already  surveyed,  sections  sixteen  and 
thirty-six  of  each  township  granted  to  this  territory  by  organic 
act  of  the  territory,  and  by  the  fifth  section  of  said  act  of  Julv 
22,  1854. 

Sec.  3591. — Commissioners  to  Report. 

Said  commissioner  shall  report  to  the  legislature  at  its 
next  session,  or  at  the  first  special  session  of  the  legislature 
which  may  be  hereafter  held,  his  proceedings  as  herein  pro- 
vided. 


THE   SCHOOL  OF   MINES. 


CONTENTS. 

Sec. 

3592. 

Creation  of  schools. 

Sec. 

3593. 

Object. 

Sec. 

3594. 

Management. 

Sec. 

3595. 

Organization  of  board. 

Sec. 

3596. 

Duty  of  president. 

Sec. 

3597. 

Secretary  and  treasurer. 

Sec. 

3598. 

Powers  and  duties  of  board  of  trustees. 

Sec. 

3599. 

Government. 

Sec. 

3600. 

Diplomas  and  degrees. 

Sec. 

3601. 

Removal  of  officers  and  instructors. 

Sec. 

3602. 

Tuition. 

Sec. 

3603. 

Fee's  for  assays  and  other  services. 

Sec. 

3604. 

Intended  to  be  the  State  School  of  Mines. 

Sec. 

3505. 

Preparatory  department  provided. 

Sec.  3592. — Neiv  Mexico  School  of  Mines  Created. 

There  is  also  hereby  created  and  established  within  and 
for  the  Territory  of  New  Mexico  an  institution  of  learning, 
to  be  known  as  The  New  Mexico  School  of  Mines.  Said  in- 
stitution is  hereby  located  within  the  limits  of  the  city  of  So- 
corro, in  the  County  of  Socorro,  upon  a  tract  of  land  cl  not 
less  than  twenty  acres,  suitable  for  the  purposes  of  such  insti- 
tution, which  shall  be  donated  and  conveyed  by  a  good  and 
sufficient  deed,  to  the  Teritory  of  New  Mexico  by  tae  own- 
ers thereof,  free  of  cost  and  expense  to  said  territory,  which 
deed  shall  be  executed  within  six  months  from  the , passage 


OF    THE    TERRITORY    OE    NEW    MEXICO  117 

of  this  act,  and  no  improvement  or  building  as  hereinafter  pro- 
vided for  shall  be  made  or  erected  upon  such  land  until  such 
deed  is  fully  executed,  recorded  and  filed  in  the  office  of  the 
s,ecretary  of  the  Territory  as  hereinafter  provided. 

Sec.  r:)92>.— Object. 

The  object  of  the  School  of  Mines  create<l,  established 
and  located  by  this  act  is  to  furnish  facilities  for  ilie  education 
of  such  persons  as  may  desire  to  receive  instruction  in  chem- 
istry, metallurgy,  mineralogy,  geology,  mining,  milling,  engi- 
neering, mathematics,  mechanics,  drawing,  the  fundamental 
laws  of  the  United  States,  and  the  rights  and  duties  of  citizen- 
ship, and  such  other  courses  of  study,  not  including  agricul- 
ture, as  may  be  prescribed  by,  the  board  of  trustees. 

Sec.  3594. — Moiiagemeiit. 

The  management  and  control  of  said  School  of  Mines, 
the  care  and  preservation  of  all  property  of  which  it  shall  be- 
come possessed,  the  erection  and  construction  of  all  buildings 
necessary  for  its  use,  and  the  disbursement  and  expenditure  of 
all  moneys  appropriated  by  this  act,  or  which  shall  otherwise 
come  into  its  possession,  shall  be  vested  in  a  board  of  five 
trustees,  which  shall  be  qualified  voters  and  owners  of  real 
estate  in  said  territory;  said  trustees  shall  possess  the  same 
qualification,  shall  be  appointed  in  the  same  way,  and  their 
terms  of  office  shall  be  the  same,  and  the  vacancies  shall  be 
filled  in  like  manner  as  is  provided  in  sections  three  thousand 
five  hundred  and  seventy-one  and  three  thousand  five  hunderd 
and  seventy-two,  with 'reference  to  regents  of  the  territorial 
university.  Said  trustees  and  their  successors  in  office  shall 
constitute  a  body  corporate,  under  the  name  and  style  of  The 
Trustees  of  the  New  Mexico  School  of  .Mines,  with  the  right 
as  such,  of  suing  and'  being  sued,  of  contracting  and  being 
contracted  with,  of  making  and  using  a  common  seal  and 
altering  the  same  at  pleasure,  and  of  causing  all  things  to  be 
done  necessary  to  carry  out  the  provisions  of  this  act..  A  ma- 
jority of  the  board  shall  constitute  a  quorum  for  the  transaction 
of  business,  but  a  less  number  may  adjourn  from  time  to  time. 

Sec.  3595. — Orgaimation  of  Board. 

Xhe  board  shall  meet  and  organize  by  the  election  of  its 
officers,  at  the  town  of  Socorro,  in  Socorro  county,  on  the  sec- 
ond Wednesday  of  November,  A.  D.  1899.     The  officers  then 


118  COMPILATION    OF   THE   SCHOOL   LAWS 

elected  and  their  successors  in  office  shall  be  the  same,  be 
elected  in  the  same  manner,  at  the  same  time,  and  possess  the 
same  qualifications  as  the  officers  of  the  University  of  New 
Mexico,  and  the  secretary  and  treasurer  so  elected  shall  give 
bonds  in  the  sum  of  ten  thousand  dollars  in  the  manner  pro- 
vided in  section  three  thousand  five  hundred  and  seventy-four. 

Sec.  3596. — Duty  of  President. 

The  president  of  said  board  shall  be  the  chief  executive  of- 
ficer, shall  preside  at  all  meetings  therof,  except  that  when  he 
is  absent  the  board  m^y  appoint  a  president  pro  tern,  sign  all 
instruments  required  to  be  executed  by  said  board;  he  shall 
abo  direct  the  affairs  generally  of  the  said  School  of  Mines, 
shall  nominate  and  by  and  with  the  advice  of  said  board  of 
trustees  appoint  all  professors,  instructors,  tutors  and  other 
employes  necessary  to  the  proper  conduct  of  said  School  of 
Mines,  and  in  like  manner  shall  determine  the  amount  of 
their  respective  salaries,  subject  to  the  provisions  and  restric- 
tions of  this  act. 

Sec.  3597. — Secretary  and  Treasurer. 

The  secretary  and  treasurer  shall  be  the  financial  and  re- 
cording officer  of  said  board,  shall  keep  a  true  and  correct 
acount  of  all  moneys  received  and  expended  by  him,  shall  at- 
test all  instruments  required  to  be  signed  by  the  president  of 
said  board,  and  shall  keep  a  true  and  correct  record  of  all  pro- 
ceedings of  said  board,  and,  generally,  do  all  other  things  re- 
quired of  him  by  said  board. 

Sec.  3598. — Powers  and  Duties  of  Board  of  Trustees. 

The  board  of  trustees  shall  have  power  and  it  shall  be 
their  duty  to  enact  by-laws,  rules  and  regulations  for  the  gov- 
ernment of  such  School  of  Mines,  not  inconsistent  with  the 
laws  of  the  teritory;  and  they  shall  also  prescribe  the  text 
books  to  be  used,  the  course  of  study,  the  branches  to  be 
taught,  the  number  of  departments  into  which  said  school 
shall  be  divided,  and  to  change  the  same  from  time  to  time ; 
to  fix  the  scholastic  year,  provide  apparatus,  mineral  and  geo- 
logical cabinets,  and  do  all  and  everything  necessary  in  and 
about  the  premises  with  a  view  to  promoting  the  best  interests 
of  said  institution. 


OF   THE   TERRITORY   OF    NEW    MEXICO  119 

Sec.  3599. — Government. 

The  immediate  government  of  the  several  departments 
shall  be  intrusted  to  their  several  faculties. 

Sec.  3600. — Diplomas  and  Degrees. 

The  board  of  trustees  shall  have*  power  to  confer  such 
degrees  and  grant  diplomas  as  are  usually  conferred  and 
granted  by  other  similar  schools. 

Sec.  3601. — Removal  of  Officers  and  Instructors. 

The  trustees  shall  have  power  to  remove  any  officers,  tutor 
or  instructor,  or  employe  connected  with  said  school  when  in 
their  judgment  the  best  interests  of  said  school  require  it. 

Sec.  3602. — Tuition. 

Said  School  of  Mines  shall  be  a  place  for  instruction  in 
the  branches  mentioned  in  section  three  thousand  five  hundred 
and  ninety-three,  with  or  without  charge  to  residents  of  this 
territory,  as  shall  be  deemed  best  by  the  trustees,  but  non-resi- 
dents shall  be  admitted  to  the  privileges  of  such  school  upon 
such  terms  as  the  trustees  shall  prescribe. 

Sec.  3603. — Fees  for  Assay  and  Other  Services. 

The  board  of  trustees  shall  require  such  compensation 
for  all  assays,  analysis,  mill  tests  or  other  services  performed 
by  said  institution  as  they  may  deem  reasonable,  and  the  same 
shall  be  collected  and  paid  into  the  treasury  of  the  School  of 
Mines  for  said  institution,  and  an  accurate  account  thereof  shall 
be  kept  in  a  book  to  be  provided  for  that  purpose. 

Sec.  3604. — Intended  for  State  School  of  Mines. 

The  institution  hereby  established  as  the  New  Mexico 
School  of  Mines  is  intended  to  be  the  state  school  of  mines 
when  New  Mexico  shall  be  admitted  into  the  union  as  a  state 
and  it  shall  be  entitled  to  the  benefits  of  all  grants  of  land 
and  moneys  which  shall  be  given  to  the  territory  by  any  act 
of  Congress  for  the  endowment  of  said  institution,  and  such 
lands  and  moneys  shall  be  used  for  the  benefit  of  this  institu- 
tion, located  at  Socorro,  Socorro  county,  and  for  no  other 
purpose. 


120  COMPILATION    OF    THE    SCHOOL    LAWS 

Sec.    3605. — Preparatory   Department   Provided. 

The  New  Mexico  School  of  Mines  shall,  in  addition  to 
the  course  now  provided  for,  maintain  a  preparatory  depart- 
ment, and  that  the  board  of  regents  of  each  educational  in- 
stitution herein  provided  for  shall  charge  as  tuition  a  fee  of 
not  less  than  five  nor  more  than  twenty-five  dollars  per  ses- 
sion for  each  and  every  student;  said  tuition  to  be  fixed  by  said 
board  of  regents  and  collected  by  officers  of  each  institution 
and  accounted  for  as  funds  provided  by  law  for  maintenance 
of  said  institution. 


NORMAL  SCHOOLS. 


CONTENTS. 

Sec.  3650.  Normal  Schools  established. 

Sec.  3651.  Location  of. 

Sec.  3652.  Control  in  five  regents. 

Sec.  3653.  Organization  and  qualifications  of  regents. 

Sec.  3654.  Quarterly  meeting  of  regents. 

Sec.  36  55.  Powers  of  regents. 

Sec.  3656.  Duties  of  president,  secretary,  treasurer. 

Sec.  3657.  Compensation  of  regents. 


Sec.  3650. — Normal  Schools  Established. 

There  is  hereby  created  and  established  at  Silver  City,  in 
Grant  county,  and  in  Las  Vegas,  in  San  Miguel  county,  in 
the  Territory  of  New  Mexico,  institutions  of  learning  to  be 
known  as  the  Normal  Schools  of  New  Mexico. 

Sec.  365 L — Location  of. 

Sacli  scnoois  shall  be  located  upon  a  tract  of  land  suit 
ably  and  pleasantly  located,  containing  not  less  than  twenty 
acres,  and  situate  not  more  than  one  and  a  half  miles  from 
said  Silver  Citv  and  Las  Vegas,  respectively,  the  location  of 
such  land  to  be  approved  by  the  respective  boards  of  regents 
credited  by  this  act,  and  the  same  shall  be  conveyed  to  such 
boards  by  a  good  and  indefeasible  title,  in  fee  simple,  within 
six  months  after  the  passage  of  this  act,  free  of  h.Ay  cost  to  the 
territory  or  said  boards ;  and  no  expenditure  of  money  shall 
be  made,  under  this  act,  upon  such  land  until  such  conveyance 
is  made  and  accepted  by  such  boards.     That  tne  location  oi 


OF    THE    TERRITORY    OF    NEW    MEXICO  121 

said  normal  school  at  Las  Vegas  is  hereby  fixed,  and  saio 
normal  school  at  Las  Vegas  shall  be  located  upon  that  certan» 
triangular  tract  or  parcel  of  land  at  the  intersection  of  Na- 
tional and  Main  streets,  in  the  incorporated  Town  of  East 
Las  Vegas,  and  being  the  tract  or  parcel  of  land  known  and 
called  the  Desiderio  Romero  property,  and  containing  not  less 
than  two  acres. 

Sec,  3652. — Control  in  Fire  Regents. 

The  control  of  such  normal  schools  shall  be  each  under 
a  board  of  five  regents,  to  be  appointed  by  the  governor  of  the 
territory.  In  making  such  appointments  for  the  first  time, 
one  shall  be  -appointed  for  one  year,  one  for  two  years,  one  for 
+hree  years,  one  for  four  years,  and  one  for  five  years,  and 
^hereafter  appointments  shall  be  made  for  the  term  of  five 
years,  and  at  the  expiration  of  the  terms  of  the  several  mem- 
bers, or  when  vacancies  may  otherwise  arise.  The  member.^ 
li  each  such  board  shall  be  voters  of  the  territory  and  the 
Dwners  of  real  estate  therein,  and  no  more  than  three  ot  tn^ 
members  of  each  board  shall  be  of  the  same  political  party. 
Each  such  board  shall  constitute  a  body  politic  and  corporate, 
and  shall  have  the  power  to  sue  and  be  sued,  to  contract  and  be 
contracted  with,  and  the  title  to  all  property  belonging  to  each 
such  normal  school  shall  be  vested  in  the  respective  corporate 
oodies  and  their  successors. 

Sec,  3653, — Organization'  and  Qimliiication  of  Regents. 

Within  thirty  days  after  the  appointment  of  each  such 
board,  the  members  thereof  shall  meet  at  Silver  City  and  Las 
Vegas,  respectively,  at  a  time  to  be  designated  by  ihe  gov- 
ernor of  the  territory,  and  each  shall  organize  by  the  election 
of  one  memeber  thereof  as  president  and  another  member  as 
secretary  and  treasurer,  and  annually  thereafter  a  meeting 
of  such  boards  shall  be  held  for  the  same  purpose,  bu^  such 
officers  shall  hold  their  offices  until  their  successors  shall 
be  elected  and  qualified.  The  person  wHo  may  be  elected  as 
secretary  and  treasurer  of  each  board  shall  execute  his  bond, 
payable  to  the  Territory  of  New  Mexico,  for  not  less  than 
twenty  thousand  dollars,  with  at  least  two  freehold  sureties, 
residents  of  the  territory,  which  shall  be  conditioned  for  the 
faithful  performance  of  the  duties  of  such  secretary  and  treas- 
urer, and  shall  be  approved  by  the  governor  and  filed  with  the 
secretary  of  the  Territory. 


122  COMPILATION    OF   THE   SCHOOL   LAWS 

Sec.  3654. — Quarterly  Meeting  of  Regents.  ' 

Each  of  said  boards  of  Regents  shall  hold  at  least  four 
meetings  during  each  year  at  their  respective  normal  schools 
for  the  purpose  of  discharging  their  duties  under  this  act, 
the  time  for  such  meeting  to  be  fixed  by  such  board,  and  the 
president  of  such  board  may  call  special  meetings  therof  when 
in  his  judgment  the  business  of  such  schools  demands  the  same. 
Three  members  of  such  boards  shall  constitute  a  quorum  for 
the  transaction  of  business. 

Sec.  3655. — Poivers  of  Regents. 

(As  amended,  Laws  1899).  Said  board  of  regents 
shall  have  full  and  complete  power  and  control  over  their  re- 
spective normal  schools.  Each  board  shall  employ  only  super- 
intendent or  principal  for  such  school,  who  shall  have  the 
supervision  and  control  of  the  school  under  such  rules  and 
regulations  as  may  be  provided  by  such  board.  Such  board 
shall  determine  and  provide  as  to  what  branches  of  learning 
shall  be  taught  in  such  school  and  the  classification  and  order 
of  the  same,  and  shall  also  direct  the  number  of  teachers  that 
shall  be  employed,  and  shall  determine  the  compensation  to  be 
paid  to  the  superintendent  and  teachers.  Such  board  shall 
also  prescribe  upon  what  terms  and  conditions  pupils  shall  be 
admitted  to  such  school,  but  no  pupils  shall  be  admitted  who 
are  not  residents  of  this  territory,  except  on  payment  of  a 
tuition  fee  to  be  prescribed  by  the  board  of  regents  for  each 
term. 

Sec.  3656. — Duties  of  President/  Secretary  and  Treasurer. 

The  president  of  each  board  shall  preside  at  all  meetings 
thereof  and  shall  sign  the  proceedings  of  the  same,  and  shall 
sign  all  orders  directed  by  the  board  to  be  drawn  upon  the 
treasurer  thereof  for  the  payment  of  money.  In  the  absence 
of  the  president  at  any  meeting  of  the  board,  the  members 
present  shall  elect  a  president  pro  teui.  The  secretary  of  the 
board  shall  have  charge  of  the  records,  books,  and  papers  be- 
longing to  such  board,  and  shall  keep  a  record  of  the  proceed- 
ings of  such  board,  and  shall  issue  and  attest  all  orders 
directed  by  the  board  to  be  drawn  upon  the  treasurer  of  the 
same  for  the  payment  of  money.  Such  secretary,  as  treasurer, 
shall  have  the  care  and  custody  of  all  moneys  belonging  to 
such  school,  and  he  shall  pay  out  the  same  only  upon  orders 


OF   THE   TERRITORY   OE    NEW    MEXICO  l'23 

drawn  upon  him  by  direction  of  the  board  of  regents  and 
signed  by  the  president  therof;  and  at  each  regular  meeting 
of  such  board  such  treasurer  shall  submit  to  the  same,  a  state- 
ment showing  a  full  account  of  the  condition  of  financial  af- 
fairs of  such  school. 

Sec,  3657. — Compensation  of  Regents. 

The  members  of  the  respective  boards  of  regents  shall 
be  entitled  to  the  sum  of  two  dollars  per  day  during  the  time 
they  shall  be  employed  in  the  actual  discharge  of  their  duties, 
and  five  cents  per  mile  for  each  mile  necessarily  traveled  in 
going  to  and  returning  to  their  places  of  residence  to  the 
place  of  meeting  of  such  board ;  but  the  person  who  is  elected 
as  secretary  and  treasurer  of  such  board  shall  be  entitled  to 
receive  three  dollars  per  day  durmg  the  sessions  of  such  board, 
and  mileage  as  above  provided. 


CHAPTER  XVIII. 


An  Act  to  extend  the  work  of  the  new  mexico  normae 
school  at  las  vegas,  and  for  other  purposes.  c.  'b. 
5;  Approved  February  17,  1899. 


CONTENTS. 

Sec.   1.     Changes  title  to  "New  Mexico  Normal  University." 

Sec.  2.  Departments  for  Manual  training  and  a  Itindergarten  for  train- 
ing seiiool. 

Sec.   3.     To  be  non-sectarian. 

Sec.  7.  Provides  for  reimbursing  of  subscriptions  for  tlie  completion 
of  Normal  School  building  at  Las  Vegas. 


Sec.  1. — Changes  the  Title  to  "Nezv  Mexico  Normal 
University." 

That  the  name  and  title  of  the  New  Mexico  Normal 
School  at  Las  Vegas  is  hereby  changed  so  that  said  in- 
stitution shall  hereafter  be  known  and  designated  as  "The 
New  Mexico  Normal  University."  Except  as  modified  or 
amended  by  this  act.  all  laws  heretofore  enacted,  or  appoint- 
ments made  touching  the  New  Mexico  Normal  School  at  Las 
Vegas  are  hereby  made  applicable  to  and  continue  in  force 


124  COMPILATION    OF    THE    SCHOOL    LAWS 

as  to  said  New  Mexico  Normal  University;  and  all  rights, 
titles,  interest,  properties,  privileges,  grants,  or  donations 
which  said  New  Mexico  Normal  School  at  Las  Vegas  now 
has,  or  to  which  it  is  now,  or  would  have  hereafter  become  en- 
titled, shall  hereafter  belong  to  and  inure  to  the  benefit  of  the 
said  New  Mexico  Normal  University. 

Sec.  2. — Departments  for  Manual  Training  and  a  Kinder- 
garten for  Training  School. 

There  are  hereby  established  as  branches  or  departments 
of  said  New  Mexico  Normal  University,  to  be  carried  on  at 
Las  Vegas,  a  school  of  manual  training  for  the  Territory  of 
New  Mexico,  the  object  of  which  shall  be  to  instruct  pupils 
and  to  train  and  qualify  teachers  to  teach  the  use  of  hands  and 
tools  in  the  various  useful  arts  of  practical  value  to  the  people 
of  the  territory ;  and  also  a  kindergarten  training  school  to 
qualify  teachers  of  the  territory  to  usie  that  system  of  teaching 
in  the  primary  schools. 

Sec.  3.— -Shall  Be  Foreover  Strictly  Non-Sectarian. 

Said  institution  shall  be  forever  strictly  non-sectarian  in 
its  character  and  management,  and  no  creed  or  system  of  re- 
ligion shall  be  taught,  practiced,  or  exercised  in  it. 

Sec.  6. — Condenining  of  Land.     Makes  Section  J<5pj  C.  L. 
iSpy,  Applicable  to  New  Mexico  Normal  University. 

The  provisions  of  section  three  thousand  six  hundred 
and  ninety-three  (3693)  of  the  Compiled  Laws  of  New 
Mexico  in  1897,  shall  be  applicable  to  the  New  Mexico  Nor- 
mal University  with  the  same  force  and  effect  as  if  said  insti- 
tution had  been  one  of  those  mentioned  therein. 

Sec.  7. — For  Reimbursing  Subscriptions  for  the  Completion  of 
the  Ne7t'  Mexico  Normal  School  Building  at  Las  Vegas. 

For  the  purpose  of  reimbursing  and  paying  the  cost  of 
the  completing  and  equipping  the  building  of  the  said  New 
Mexico  Normal  University  heretofore  subscribed  by  way  of 
advancement  to  the  territory  by  certain  citizens  and  institu- 
tions of  Las  Vegas  and  vicinity,  there  is  hereby  appropriated 
the  sum  of  nineteen  thousand  three  hundred  dollars,  which 
shall  be  paid  by  the  territorial  treasurer  on  the  warrant  of 


Of  the:  te;rritory  of  new  mexico  125 

the  auditor  to  the  board  of  regents  of  said  New  Mexico  Nor- 
mal University  from  time  to  time  as  fast  as  the  money  be- 
comes available;  a  tax  sufficient  to  realize  the  said  sum  shall 
be  levied  under  direction  of  the  auditor,  for  the  fiscal  years 
1899,  1900,  1901,  and  collected  as  other  territorial  taxes.  If 
the  moneys  collected  from  said  tax  for  said  years  should  fall 
short  of  the  amount  required,  a  tax  shall  be  in  like  manner 
levied  and  collected  for  the  following  year  to  make  up  the 
deficiency.  Said  moneys  shall  be  applied  by  said  board  of  re- 
gents to  the  repayment  of  the  sums  so  advanced  and  paid  by 
them  without  interest,  to  the  subscribers  who  have  paid  the 
same,  or  their  order,  pro  rata,  without  any  preference  in  such 
manner,  and  under  such  regulations  as  the  board  of  regents 
may  prescribe. 

Sec,  8.  All  acts  and  parts  of  acts  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed,  and  this  act  shall 
take  effect  from  the  date  of  its  passage. 


CHAPTER  LXV. 


An  Act  to  provide  eor  the  disposition  of  lands  granted 
BY  congress.    H.  B.  No.  219;  Approved  March  20,  1901. 


CONTENTS. 

Sec.    1.      Lands  Granted  by  Congress  to  be  divided  equally  between  the 

Normal  University  and  the  Normal  School. 
Sec.   2.     Proceeds   of   sale    or   lease    of   lands   available    for    School    of 

Mines. 


Sec.  1. — Lands  Granted  for  Normal  Schools  to  he  Divided 
Bqually  Betzveen  the  Nezv  Mexico  Normal  University  and 
the  Normal  School  of  Nn.v  Mexico.  Funds  Not  to  be 
Used  for  Expenses. 

That  the  grant  of  lands  to  the  Territory  of  New  Mexico, 
of  one  hundred  thousand  acres  of  land  for  the  establishment 
and  maintenance  of  normal  schools,  made  in  and  by  the  act  of 
Congress  of  the  United  States,  approved  June  21st,  1898,  en- 
titled, An  act  to  make  certain  grants  of  land  to  the  Territory 


126  COMPILATION    OF   THE   SCHOOL   LAWS 

of  New  Mexico,  and  for  other  purposes,  is  liereby  declared  to 
be  for  the  equal  benefit  of  the  New  Mexico  Normal  Univer- 
sity, located  at  Las  Vegas,  and  the  Normal  School  of  New 
Mexico,  located  at  Silver  City,  which  are  hereby  designated 
and  established  as  the  normal  school  for  which  said  grant 
was  made.  All  lands  now  or  hereafter  located  for  the  normal 
schools  under  the  said  grant  shall  be  held  by  the  territory, 
subject  to  disposal  as  provided  by  law,  for  the  benefit  of  the 
two  institutions  herein  designated,  in  the  proportion  of  an 
undivided  one-half  interest  each,  and  the  proceeds  of  all  such 
lands  now  or  hereafter  sold  or  leased  shall  be  placed  to  the 
credit  of  the  said  two  institutions,  as  separate  funds,  in  like 
proportions.  Such  funds  are  hereby  made  available  for  the 
use  of  said  institutions  for  the  establishment  of  permanent 
equipment  or  improvement  thereof,  or  for  investment,  and 
may  be  drawn  in  the  manner  now  provided  by  law  for  draw- 
ing other  funds,  upon  resolutions  of  the  board  of  regents  of 
the  institution  requiring  the  same,  stating  that  the  money  is 
required  for  one  or  more  of  the  above  mentioned  purposes, 
to  be  specified  in  the  resolution;  and  no  part  of  the  principal 
of  such  funds  shall  be  used  for  current  expenses,  salaries,  or 
any  other  form  of  maintenance,  but  the  income  derived  from 
the  investment  of  such  funds  may  be  so  used. 

Sec.  2. — Proceeds  of  Sale  or  Leasing  of  Lands  Available  for 
School  of  Mines. 

The  proceeds  of  the  sale  or  leasing  of  the  lands  granted 
by  said  act  of  congress  for  the  establishment  and  mainte- 
nance of  a  school  of  mines  are  hereby  made  available  for  the 
use  of  the  New  Mexico  School  of  Mines,  located  at  Socorro, 
in  like  manner,  for  the  same  purpose  and  subject  to  the  same 
restrictons  as  provided  in  section  (1)  of  this  act. 

Sec.  3.  This  Act  shall  be  in  force  from  and  after  its 
passage. 


oif  the;  territory  of  new  mexico  127 

NEW  MEXICO  MILITARY  INSTITUTE. 


Sec. 

3660. 

Sec. 

3661. 

Sec. 

3662. 

Sec. 

3663. 

Sec. 

3664. 

Sec. 

3665. 

Sec. 

3666. 

Sec. 

3667. 

Sec. 

3668. 

Sec. 

3669. 

Sec. 

3671. 

CONTENTS.  m 

Military  Institute  established. 

Seven  regents  to  control. 

Organization. 

Regents  to  maintain  institute. 

Regents,  powers  of. 

May  sell  or  dispose  of  land. 

Deeds  to  be  signed  by  president. 

Fifteen  thousand  dollars  in  bonds,  authorized. 

Auditor  to  levy  tax  for  payment. 

Proceeds  of  bonds;  how  to  be  used. 

Regents  may  Increase  tuition  fee. 


Sec.  3660. — Military  Institute  Bstablished. 

That  the  Goss  Mihtary  Institute,  located  at  Rosvvell, 
Chaves  county.  New  Mexico,  be.  and  the  same  shall  hereafter 
constitute  one  of  the  educational  institutions  of  this  territory, 
to  be  known  as  the  New  Mexico  Military  Institute. 

Sec.  3661. — Seven  Regents  to  Control. 

That  said  institute  shall  be  under  the  superAnsion  and 
control  of  a  board  of  seven  regents,  to  serve  without  compen- 
sation, consisting  of  the  governor  and  superintendent  of  public 
education,  ex-officio.  and  five  citizens  to  be  appointed  by  the 
governor ;  the  term  pi  office  of  the  appointed  to  be  so  arranged 
that  one  shall  retire  each  year,  and  after  the  selection  of  the 
first  board  the  term  of  office  of  each  appointed  member  shall 
be  five  years. 

Sec.  3662. — Organization. 

Upon  the  appointment  of  the  members  of  the  board,  as 
hereinbefore  provided,  they  shall  organize  and  elect  from  their 
numbcK  a  president  and  secretary  and  treasurer,  who  shall  do 
and  perform  all  the  duties  that  shall  be  incumbent  upon  them 
as  such  officers. 

Sec.  3663. — Regent  to  Maintain  Institute. 

It  shall  be  the  duty  of  the  board  of  regents  to  establish, 
maintain  and  control  at  Roswell,  a  military  institute  for  the 
education  and  training  of  the  youth  of  this  country,  of  as  high 
a  standard  as  like  institutions  in  other  states  and  territories. 

Sec.  3664. — Regents;  Powers  of. 
The  said  board  shall  have   full  power  and  authority  to 


128  COMPILATION    OF   THE:   SCHOOL   LAWS 

make  such  rules  and  regulations  concerning  the  government 
and  course  of  said  institute  as  they  may  deem  proper;  to 
make  contracts  with  teachers ;  to  erect  buildings  and  make  such 
other  improvements  as  the  institute  may  rec[uire. 

Sec.  3665. — May  Sell- or  Dispose  of  Land. 

The  said  board  of  regents  shall  have  power  to  sell,  lease 
or  otherwise  dispose  of,  as  to  them  may  seem  best  for  the 
benefit  of  the  institute,  the  lands  and  property  heretofore  do- 
nated by  the  citizens  of  Chaves  county  to  said  institute,  or  that 
may  hereafter  be  donated,  except  forty  acres  surrounding  the 
proposed  site  of  the  institute,  which  shall  be  forever  set  apart 
for  the  use  of  the  institute. 

Sec.  3666. — Deeds  to  be  Signed  by  President. 

That  all  deeds  for  the  sale  of  lands  and  all  contracts  made^ 
by  the  said  board  shall  be  signed  by  the  president. 

Sec.  3667. — Fifteen  Thousand  Dollars,  in  Bonds,  Authorized. 

An  issue  of  the  bonds  of  the  Territory  of  New  Mexico 
is  hereby  authorized  and  directed  to  be  made,  in  the  sum  of 
fifteen  thousand  dollars,  to  be  known  as  the  New  Mexico 
Military  Institute  bonds ;  such  bonds  shall  .be  issued  in  the  de- 
nominations of  one  thousand  dollars  each,  bearing  interest  at 
the  rate  of  five  per  cent,  per  annum,  the  interest  payable  semi- 
annually, on  the  first  days  of  January  and  July,  and  principal 
and  interest  payable  at  the  We^rtern  National  Bank,  at  the 
City  of  New^  York,  in  the  State  of  New  York;  said  bonds 
shall  be  signed  by  the  governor  and  treasurer  of  the  territory 
and  countersigned  by  the  auditor  of  public  accounts,  and  shall 
be  made  payable  in  thirty  years  from  July  1st,  1895, 'but  re- 
deemable at  the  pleasure  of  the  territory  at  any  time  after 
ten  years  from  their  date,  which  shall  be  July  1st,  1895. 

Sec.  3668. — Auditor  to  Levy  Tax  for  Payment. 

The  auditor  of  public  accounts  is  hereby  directed  to  levy 
annually  a  tax  sufficient  to  pay  the  interest  on  said  bonds 
and  to  give  notice  of  such  assessment  to  the  several  jofficers 
who  are  charged  with  the  duties  of  assessment  of  taxes  in 
the  several  counties  of  the  territory,  who  shall  assess  tlte 
same  in  the  same  manner  that  other  taxes  are  required  to  be 


OF  the;  territory  of   new   MEXICO  129 

assessed;  and  for  the  final  redemption  of  the  principal  of  said 
bonds  there  shall  in  the  same  manner  be  annually  levied, 
after  the  expiration  of  ten  years  from  the  date  of  the  issuance 
of  said  bonds,  an  annual  tax  sufficient  to  provide  for  the  pay- 
ment of  said  bonds  by  or  before  the  maturity  therof. 

>     Sec.  3669. — Proceeds  of  Bonds;  Hoiv  to  Be  Used. 

Said  bonds  when  so  issued  shall  be  delivered  to  the 
board  of  regents  of  the  New  Mexico  Military  Institute,  and 
negotiated  to  the  best  advantage  possible,  and  the  proceeds 
thereof  shall  be  used  by  said  board  of  regents  in  the  erection 
of  suitable  buildings  and  for  other  improvements  that  may  be 
made  under  the  direction  of  said  board  of  regents  for  the 
benefit  of  the  institute;  and  the  surplus,  if  any,  may  be  de- 
voted by  said  board  of  regents  to  the  use  of  said  institute  in 
any  manner  that  may  seem  best :  Provided,  hozuever,  Said 
bonds  shall  not  be  sold  under  ninety-five  cents,  but  the  neces- 
sary expense  of  the  negotiation  may  be  deducted :  And  pro  - 
vided,  further,  That  within  six  months  from  the  date  of  the 
passage  of  this  act  a  tract  of  land  of  not  less  than  forty  acres, 
suitable  for  the  purpose  of  such  institution,  shall  be  donated 
and  conveyed  by  a  good  and  sufficient  deed  to  the  Terri- 
tory of  New  Mexico,  free  of  any  cost  or  expense  to  said  terri- 
tory;  and  no 'bonds  as  herein  provided  shall  be  delivered  for 
the  benefit  of  such  institution  until  said  deed  of  conveyance 
is  executed,  and  together  with  other  evidence  of  perfect  title 
to  said  property  in  said  territory  shall  have  been  approved  by 
the  solicitor  general  of  said  Territory  of  New  Mexico,  and 
filed  in  the  office  of  the  secretary  of  said  Territory  of  New 
Mexico. 

Sec.  3671. — Regents  May  Increase  Tuition  Pee. 

The  regents  of  the  New  Mexico  Military  Institute  may 
charge  a  larger  tuition  fee  if  it  is  deemed  necessary  to  do  so  to 
maintain  said  institute. 


130  COMPILATION    OF   THE   SCHOOL   LAWS 

CHAPTER  VI. 


An  Act  providing  for  additional  buildings  for  the  new 
MEXICO  military  institute  at  roswell.  C.  B.  No.  9; 
Approved  February  29,  1901. 


CONTENTS. 

Sec.  1.  Authorizing  an  issue  of  territorial  bonds. 

Sec.  2.  Bonds  to  be  issued  under  direction  of  territorial  treasurer. 

Sec.  3.  Funds  for  payment  of  bonds  and  interest  thereon. 

Sec.  4.  Funds   derived   from   rental   and   sale   of  lands  to   be  paid   to 

territorial  treasurer. 

Sec.  5.  Funds  to  meet  deficiency  at  maturity  of  bonds. 

Sec.  6.  Governor  and  members  of  the  Assembly  to  appoint  cadet. 


Sec.  1. — Authorizing  an  Issue  of  Territorial  Bonds. 

An. issue  of  bonds  of  the  Territory  of  New  Mexico  is 
hereby  authorized  and  directed  to  be  made  in  the  sum  of 
twenty-five  thousand  dollars,  to  be  known  as  the  New  Mex- 
ico MiHtary  Institute  bonds ;  such  bonds  shall  be  issued  in  the 
denominations  of  one  thousand  dollars  each,  bearing  interest 
at  the  rate  of  five  per  cent,  per  annum,  the  interest  payable 
semi-annually  on  the  first  days  of  January  and  July,  and 
principal  and  interest  payable  at  the  Western  National  Bank, 
at  the  City  of  New  York,  in  the  State  of  New  York;  said 
bonds  shall  be  signed  by  the  governor  and  treasurer  of  the 
territory,  and  countersigned  by  the  auditor  of  public  accounts, 
and  shall  be  made  payable  in  twenty  years  from  July  1st, 
1901,  but  redeemed  at  pleasure  of  the  territory  at  any  time 
after  ten  years  from  their  date,  which  shall  be  July  1st,  1901. 

Sec.  2. — Bonds  to  be  Issued  and  Negotiated  Under  Direction 
of  Territorial  Treasurer. 

Said  bond  shall  be  issued  and  negotiated  under  the  di- 
rection of  the  treasurer  of  the  territory  and  the  proceeds 
thereof  delivered  to  the  board  of  regents  of  the  New  Mexico 
Military  Institute,  and  by  them  shall  be  used  in  the  erection, 
equipment  and  maintenance  of  suitable  additional  buildings 
on  the  grounds  of  said  institute  under  the  direction  of  said 
board  of  regents  for  the  benefit  of  the  institute:  Prozided, 
however,  Said  bonds  shall  not  be  sold  under  their  face  value. 


OF   the:   territory   01?    NEW    MEXICO  131 

Sec.  3. — Providing  Funds  to  Meet  Payment  of  Bonds  and 
Interest  Thereon. 

For  the  purpose  of  providing  funds  with  which  to  meet 
the  payment  of  said  bonds  and  the  interest  thereon  as  the 
same  accrues,  it  is  hereby  enacted :  First,  that  all  rents  de- 
rived from  the  lands  donated  to  said  Military  Institute  by  the 
act  of  Congress  approved  June  21st,  1898,  entitled,  "An 
act  to  make  certain  grants  of  land  to  the  Territory  of  New 
Mexico,  and  for  other  purposes,"  and  which  have  been  here- 
tofore or  may  be  hereafter  set  apart  to  said  Military  Institute 
under  the  provisions  of  said  act  of  Congress,  shall  be  ap- 
propriated to  the  payment  of  the  interest  on  said  bonds  as 
the  same  accrues,  and  said  rentals  shall  not  be  used  for  any 
other  purpose  unless  there  shall  be  a  surplus  of  funds  derived 
from  said  rentals  remaining  after  the  payment  of  said  interest, 
in  which  event  said  surplus  shall  become  a  part  of  a  sinking 
fund  to  be  used  in  paying  said  bonds  when  due;  and  if  said 
rentals  shall  at  any  time  be  insufficient  for  paying  said  in- 
terest when  due,  the  auditor  of  public  accounts  of  the  terri- 
tory is  hereby  directed  to  levy  annually  a  tax  sufficient 
to  pay  any  such  deficiency  and  for  the  purpose  of  enabling 
the  said  levy  to  be  made  by  the  board  of  public  lands  shall  fur- 
nish the  auditor  a  statement  showing  the  amount  of  lands 
rented  and  an  estimate  of  the  probable  amount  which  will  be 
realized  therefrom  each  year ;  and.  second,  there  shall  be  set 
apart  and  appropriated  out  of  the  proceeds  of  the  sale  of  the 
first  twenty-five  thousand  acres  of  land  so  donated  and  set 
apart  to  said  Military  Institute  under  the  provisions  of  said 
act  of  Congress,  all  of  the  moneys  derived  from  such  sales, 
until  same,  in  connection  with  rentals  set  apart  as  aforesaid,  if 
any,  shall  reach  a  sufficient  sum  to  pay  off  the  principal  of 
said  bonds  and  also  to  pay  all  interest  thereon,  which  may 
have  accrued,  and  been  paid  by  the  territory  out  of  other 
funds  than  those  derived  from  rentals  of  said  lands,  or  which 
may  accrue  or  become  due  thereon  from  time  to  time. 

Sec.  4. — Funds  Realized  From  Rentals  and  Sale  of  Lands  to 
Be  Paid  to  Territorial  Treasurer. 

All  funds  realized  from  said  rentals  and  the  sale  of  said 
twenty-five  thousand  acres  of  said  land  or  so  much  thereof 
as  may  be  necessary  to  provide  for  the  payment  of  said  bonds, 
principal  and  interest,  shall  be  set  apart  and  paid  over  to  the 


132  COMPILATION    OF    THE   SCHOOL   LAWS 

treasurer  of  the  territory  as  custodian,  to  be  by  him  paid  out 
only  in  payment  of  the  interest  on  said  bonds  as  the  same 
accrues,  and  in  payment  of  said  bonds  when  payable:  Pro- 
znded,  Any  moneys  coming  into  the  hands  of  the  custodian 
as  interest  upon  said  sinking  fund  shall  be  made  a  part  of 
said  fund. 

Sec.  5. — Proznding  Funds  to  Meet  Any  LXeiiciency  at  Maturity 

of  Bonds. 

In  event  sufficient  funds  have  not  been  realized  from 
the  sale  and  rentals  of  said  lands  for  the  payment  of  said 
bonds,  principal  and  interest,  on  the  first  day  of  January.  A.  D. 
1901.  then  said  twenty-five  thousand  acres  of  land,  or  so  much 
thereof  remaining  unsold  at  that  time  as  may  be  necessary, 
shall  be  at  once  put  upon  the  market  and  sold  by  the  board 
of  public  lands  under  such  regulations  and  laws  as  may  then 
be  in  force,  and  the  proceeds  realized  from  such  sale  shall  go 
to  pay  any  part  of  said  bonds  and  interest  then  unpaid  when 
due  and  to  reimburse  the  terrritory  for  all  interest  paid  by  it 
and  remaining  unpaid  in  accordance  with  section  four  hereof. 

Sec.  6. — Governor  and  Members  of  the  Legislature  to  Appoint 
Cadet.    Amended  by  Chapter  io8,  L.  1905. 

The  governor  of  the  territory  and  each  member  of  the 
Council  and  House  of  Representatives  composing  the  Thirty- 
fourth  legislative  assembly  and  of  each  succeeding  Assembly 
thereafter  of  the  Territory  of  New  Mexico  shall  have  the 
privilege  of  appointing  one  cadet  from  his  district  to  said 
Military  Institute,  who  shall  be  by  the  said  board  of  regents 
received  and  furnished  military  training  and  equipment,  tui- 
tion, lodging  and  medical  attendance,  free  of  cost,  and  board 
at  actual  cost  to  the  institute  for  the  period  of  two  scholastic 
years,  from  the  first  Monday  in  September  after  such  ap- 
pointment :  Provided,  hozvever,  Said  cadet  so  appointed  must* 
not  be  less  than  fourteen  nor  more  than  twenty-one  years  of 
age  at  the  time  of  entering  the  institute,  and  subject  to  other 
qualifications  required  by  the  board  of  regents.  Such  appoint- 
ment shall  be  made  during  the  Legislative  session  of  1901, 
and  each  session  thereafter,  except  in  case  of  vacancy  for  any 
cause  whatever,  which  shall  be  filled  by  the  member  in  whose 
district  it  occurs,  or  by  the  governor  if  at  large,  upon  notice 
from  the  president  of  the  institute. 


OF    THE    TERRITORY    OF    NEW    MEXICO  133 

CHAPTER    LXIIL 


An  Act  amendatory  of  the  law  relating  to  the  new 
mexico  military  institute  at  roswell.  h.  b.  no. 
169;  Approved  March  20,  1901. 


CONTENTS. 

Sec.    1.      Members  of  faculty  to  be  aides-de-camp  to  governor. 
Sec.   2.     Appointment  of  company  and  battalion  of  officers  by  superin- 
tendent. 
Sec.   3.      Regarding  quartermaster's  stores. 
Sec.   4.     Annual  inspection. 
Sec.   5.      Commissions  for  meritorious  work. 


Sec.  1. — Members  of  Faculty  to  he  Aides-de-Camp  to 
to  Governor. 

That  for  the  better  government  and  enforcement  of  dis- 
cipHne  in  the  New  Mexico  Institute,  located  at  Roswell,  the 
superintendent,  commandant  of  cadets  and  instructors  in  said 
institute  shall  be  commissioned  as  aides-de-camp  on  the  staff 
of  the  governor  and  commander-in-chief,  in  addition  to. the 
number  of  aides-de-camp  otherwise  provided  by  law ;  the  su- 
perintendent to  have  the  rank  of  colonel,  the  commandant  of 
cadets  to  have  the  rank  of  captain,  who  shall  hold  office  as  such 
during  the  time  they  are  employed  in  such  capacity  in  said 
institute  and  no  longer,  and  they  will  be  allowed  to  wear  the 
uniform  of  their  rank  while  on  duty  in  the  institute,  and  upon 
all  public  occasions  when  the  National  Guard  is  under  arms 
or  the  staff  of  the  Governor  and  commander-in-chief  shall  be 
ordered  out. 

Sec.  2. — Appointment  of  Company  and  Battalion  of  Officers 
by  Superintendent. 

The  superintendent  of  the  Military  Institute  shall  have 
power  to  divide  the  students  of  the  institute  into  companies 
and  battalions  and  to  appoint  company  and  battalion  officers 
and  non-commissioned  officers,  who  shall  hold  their  offices 
at  the  pleasure  of  the  superintendent.  Commissions  shall  be 
issued  by  the  superintendent  to  company  and  battalion  officers 
to  be  known  as  cadet  commissions,  which  shall  be  signed  by 
the  superintendent  and  commandant  of  cadets,  and  a  record 


134  COMPILATION    OF   THE   SCHOOI.   I.AWS 

kept  of  the  same  by  the  commandant  showing  the  date  of  all 
such  commissions,  and  the  expiration  of  the  same  and  for 
wHat  cause.  The  superintendent  shall  have  power  to  pre- 
scribe the  number  and  rank  and  duties  oT  cadets,  and  non- 
commissioned officers,  conforming  so  far  as  practicable  to  the 
laws  governing  the  national  guard  of  the  territory. 

Sec.  3. — Regarding  Quartermaster  s  Stores. 

It  shall  be  the  duty  of  the  superintendent  to  provide  a 
safe  and  convenient  place  for  the  keeping  and  preservation  of 
all  ordnance  and  quartermaster's  stores  received  from  the 
territory  for  the  use  of  the  institution,  and  on  or  before  the 
thirty-first  day  of  December  in  each  year  he  shall  make  a  re- 
port to  the  adjutant  general  of  the  territory  of  all  such  stores 
on  hand,  and  in  such  report  he  shall  show  their  condition, 
whether  serviceable  or  unserviceable,  and  if  any  of  such  stores 
should  be  lost  or  destroyed,  the  manner  of  their  loss  or  de- 
struction. 

Sec.  4. — Annual  Inspection. 

The  governor  and  commander-in-chief  shall  cause  the 
adjutant  general  to  make  an  annual  inspection  of  the  discipline, 
course  of  study  and  general  management  of  the  Military 
Institute,  a  report  of  which  inspection  shall  appear  in  the 
annual  report  of  the  adjutant  general. 

Sec.  5. — CoJiiinissions  for  Meritorious  Work. 

The  two  cadets  of  the  Military  Institute  who  shall  at 
graduation  have  the  highest  standing  in  the  graduating  class 
shall  receive  from  the  governor  and  commander-in-chief  com- 
missions as  second  lieutenants  in  the  National  Guard  of  the 
territory,  and  be  assigned  to  duty  to  fill  any  vacancy  in  that 
grade  occurring  in  any  national  guard  organization  stationed 
in  the  county  of  their  residence,  without  examination. 

All  laws,  and  parts  of  laws  in  conflict  herewith  are  re- 
pealed. 


OF  THK   TERRITORY   OF   NEW    MEXICO  135 

DEAF  AND   DUMB   SCHOOL. 


CONTENTS. 

Sec. 

3672. 

Establishing  school. 

Sec. 

3673. 

Management. 

Sec. 

3674. 

Committee  authorized  to  reduce  tuition  fee, 

Sec. 

3675. 

Committee  to  provide  suitable  buildings. 

Sec. 

3676. 

Salary,  tuition  fee,  etc. 

Sec. 

3677. 

To  be  a  territorial  school. 

Sec.  3672. — Bstablishing  School. 

A  school  for  the  education  of  the  deaf  and  dumb  children 
resident  in  this  territory  is  hereby  established. 

Sec.  3673. — Management. 

The  school  provided  for  in  the  next  preceding  section 
of  this  act  is  hereby  placed  under  management  and  control  of 
a  committee  consisting  of  the  attorney  gerjeral,  auditor  and 
treasurer  of  the  territory,  who  shall  make  all  necessary  rules 
and  regulations  for  the  government  of  the  same,  and  shall 
have  power  to  employ  teachers  and  fix  the  salary  or  compen- 
sation therefor,  and  shall  fix  and  regulate  the  amount  to  be 
paid  by  each  pupil ;  but  they  may  admit  indigent  pupils  to  said 
school,  free  of  charge,  in  which  event  the  territory  shall  pay 
therefor  whatever  said  committee  may  allow :  Provided,  That 
the  total  sum  to  be  paid  by  the  territory  shall  at  no  time 
exceed  the  sum  of  one  hundred  dollars  per  month,  and  only 
indigent  children  between  the  ages  of  eight  and  seventeen 
years  shall  be  admitted  free  to  said  school. 

Sec.  3674. — Committee  Authorized  to  Reduce  Tuition  Fee. 

On  a  proper  showing  of  facts,  said  committee  shall  have 
power  to  make  a  reduction  in  the  amount  required  to  be  paid 
by  any  pupil,  not  indigent,  where  it  may  appear  that  said 
pupil,  or  its  parents,  cannot  pay  the  full  amount  so  required. 

Sec.  3675. — Committee  Shall  Provide  Suitable  Buildings. 

The  committee  provided  for  in  this  act  shall  provide,  at 
the  expense  of  the  territory,  suitable  buildings  and  property, 
eitjier  by  renting  the  same  or  by  purchase,  and  shall  locate 
said  school. 

Sec.  3676. — Salary,  Tuition  Fee,  Btc.  .    .  . 

All  payments  required  to  be  made  under  the  provisions 


136  COMPILATION    OF    THE    SCHOOL    LAWS 

of  this  act,  for  salary,  for  tuition  fees  and  support  of  indigent 
pupils,  and  for  rents  and  property,  or  for  anything  else  to 
properly  carry  into  efifect  this  act,  shall  be  made  out  of  the 
territorial  treasury,  on  the  warrant  of  the  auditor,  who  is 
hereby  authorized  to  draw  the  same  on  the  order  of  said  com- 
mittee, or  a  majority  of  its  members. 

Sec.  3677. — To  be  a  Territorial  School. 

The  school  herein  provided  for  shall  be  a  territorial  school 
and  shall  in  no  manner  be  considered  a  private  institution. 


CHAPTER    XLIL,  LAWS    1899. 


NEW   MEXICO  ASYLUM    FOR  THE  DEaF  AND  DUMB. 


CONTENTS. 

Sec.   1.     Creation  of  Asylum  recognized. 

Sec.   2.      Board   of  trustees,  two  of  whom   may  be  women.     Organiza- 
tion, powers,  expenses,  etc. 
Sec.    3.      Objects  of  schools.     Instruction  free  to  residents  of  territory. 
Sec.    4.      Report  of  deaf  and  inute  children  in  the  territory. 


Sec.  1. — Act  of  Feb.  24,  188/  (Chapt.  j/J  Recognised  and 
Continued.  Lands  and  Improvements  Made.  Recognised 
Appropriations  Shall  be  Made  for  Its  Support. 

The  asylum  for  the  education  of  the  deaf  and  dumb  child- 
ren resident  in  this  territory  established  by  the  act  of  the  Ter- 
ritorial Legislature,  approved  Februai-y  24,  1897,  printed  in 
the  Session  Laws  of  that  year  as  Chapter  XXXI,  is  hereby 
recognized  and  continued  as  a  territorial  institution  to  be 
hereafter  known  and  called  "The  New  Mexico  Asylum  for  the 
Deaf  and  Dumb." 

And  all  of  the  lands,  buildings  and  improvements  pur- 
chased and  erected  for  the  benefit  of  the  said  asylum  in  the 
County  of  Santa  Fe,  shall  inure  to  the  benefit  of  the  said 
Asylum  for  the  Deaf  and  Dumb ;  and  proper  appropriations 


OF    THK    TERRITORY    OF    NEW    MEXICO  137 

shall   be   made   by   the   legislature   for   its   continuance   and 
support. 

Sec.  2. — Provides  far  a  Board  of  Trustees,  Tzvo  of  Whom 
May  be  Women.  Organisation.  Powers.  Expenses.  Make 
Report.   Donation  by  Congress. 

The  said  asylum  shall  be  under  the  control  and  manage- 
ment of  a  board  of  trustees  consisting  of  the  superintendent 
of  public  instruction  and  four  other  competent  persons,  two  of 
whom  may  be  wt)men. 

Said  four  persons  to  be  nominated  by  the  Governor,  and 
by  and  with  the  consent  of  the  Legislative  Council,  ap- 
pointed to  such  position ;  two  of  such  appointees  shall  serve  for 
a  term  of  four  years  from  the  time  of  their  appointment,  and 
two  for  the  term  of  two  years  from  such  date  in  the  first 
instance,  after  which  all  appointees  on  such  board  shall  serve 
for  four  years  from  the  date  of  their  appointment;  vacancies 
occurring  in  said  board  shall  be  filled  in  the  same  manner  as 
is  provided  for  by  law  for  the  filling  of  vacancies  in  other 
public  boards. 

The  said  board  shall  meet  and  organize  on  the  second 
Monday  of  April  after  their  appointment  by  electing  from 
among  their  number  a  president  and  secretary,  and  it  shall 
make  its  own  rules  and  regulations  for  the  government  of  its 
meetings  and  the  institutions  under  its  care. 

Such  board  shall  have  full  power  and  authority  to  employ 
a  superintendent,  teachers  and  all  other  necessary  employes 
to  carry  on  the  said  asylum  in  the  most  efiicient  manner  with 
the  appropriations  made  therefor,  with  full  power  to  provide 
suitable  buildings,  additions  to  existing  buildings,  and  other- 
wise enlarging  and  improving  the  buildings  and  property  now 
occupied  by  the  said  asylum. 

Provided  That  it  shall  be  unlawful  for  any  member  or 
members  of  said  board  of  trustees  to  incur  any  indebtedness 
or  provide  any  improvements,  repairs,  or  enlarge  said  build- 
ings, except  for  current  expenses,  unless  there  shall  be  money 
on  hand  in  the  treasury  subject  to  be  used  for  such  purposes. 

Such  board  shall  serve  without  compensation  or  salary, 
except  that  they  may  be  refunded  actual  cash  expended  by 
them  in  necessarily  attending  the  meetings  of  such  board ;  and 
the  present  committee  in  charge  of  such  asylum  shall  turn 
over  upon  demand  of  such  board  all-  records,  books,  papers. 


138  COMPUTATION    OF   THE   SCHOOI,   I,AWS 

deeds,  contracts  and  other  property  now  in  its  hands  belonging 
or  appertaining  to  the  present  asylum. 

The  said  board  of  trustees  shall  biennially,  on  the  years 
when  the  legislative  assembly  of  the  territory  meets,  present 
to  the  Governor  a  full  and  detailed  report  including  an  item- 
ized statement  of  all  expenditures  and  of  all  its  doings  and 
actions  during  the  previous  two  years,  with  such  information 
and  recommendations  as  it  may  deem  necessary  and  Advisible 
(advisable)  for  the  governor  and  the  legislature  to  act  upon. 

The  donation  by  Congress  under  this  act  approved  June 
21,  1898,  of  fifty  thousand  acres  of  land  for  the  establishment 
and  maintenance  of  an  asylum  for  the  deaf  and  dumb  is  hereby 
accepted  by  the  territory  for  the  benefit  of  the  said  asylum, 
and  the  said  trustees  shall  receive  and  use  the  same  as  other 
property  belonging  to  it. 

Sec.  3. — Devoted  to  Deaf  and  Mutes.  Instruction  Free  to 
Residents  of  the  Territory.  May  Receive  Children  from 
Other  States,  and  Indians. 

The  Asylum  hereinbefore  described  shall  be  devoted  ex- 
clusively to  the  care  and  instruction  of  the  deaf  and  mutes, 
those  who  are  either  deaf  or  mute,  of  both  sexes,  resident 
within  the  Territory  of  New  Mexico  between  the  ages  of 
eight  and  twenty-one  years. 

All  instruction  shall  be  free:  Provided,  That  deaf  or 
mute  children  from  other  states  or  territories,  and  Indian 
children  under  the  control  of  U.  S.  Indian  agents,  may  be  re- 
ceived and  educated  in  said  asylum,  under  such  rules  and 
regulations  as  the  board  of  trustees  may  prescribe;  but  in  no 
event  shall  such  children  be  admitted  except  upon  the  payment 
or  guaranty  of  at  least  two  hundred  and  twenty-five  dollars 
for  the  school  year  on  the  basis  of  nine  months  for  such  year, 
and  the  president  of  such  board  of  trustees  is  hereby  author- 
ized to  make  and  enter  into  on  behalf  of  the  said  asylum  all 
necessary  agreements  and  contracts  with  the  U.  S.  Govern- 
ment and  the  proper  authorities  of  such  other  states  and  terri- 
tories for  the  reception  and  education  of  such  children ;  and  he 
is  further  authorized  to  receive  and  receipt  for  all  moneys 
paid  upon  such  account  and  to  indorse  and  transfer  all  checks, 
vouchers  or  other  evidences  of  payment  made  or  received  in 
behalf  of  such  asylum. 


OF   THE   TERRITORY   OF   NEW    MEXICO  139 

Sec.  4. — Provides  for  Reports  of  the  Deaf  and  Mute  Children 
in  the  Territory  and  for  Attendance  at  School.  Bnforce- 
ment. 

It  rs  hereby  made  the  duty  of  the  clerks  of  all  school  dis- 
tricts and  boards  of  education  within  the  Territory  of  New 
Mexico  to  report  to  the  school  superintendent  of  thejr  respect- 
ive counties  the  names,  age,  sex  and  residence  of  all  deaf  or 
mute  persons  of  school  age  residing  within  their  respective 
districts,  together  with  the  post  office  address  of  the  parents 
or  guardians  of  such  children,  this  report  to  be  incorporated 
in  the  regular  report  from  such  school  district  at  the  time  pro- 
vided by  law;-and  it  shall  be  the  duty  of  such  school  superin- 
tendent to  at  once  send  a  report  to  the  superintendent  of  this 
asylum  including  the  names  and  addresses  of  all  such  children 
within  his  county. 

It  shall  be  the  duty  of  the  superintendent  of  this  asylum 
to  at  once  notify  the  parents  or  guardians  of  such  children  to 
send  the  same  to  this  asylum  for  proper  instruction  at  a  time 
to  be  fixed  by  him. 

If  the  parent  or  guardian  of  any  such  child  shall  make 
oath  that  by  reason  of  his  poverty  he  is  unable  to  suitably 
clothe  such  child  and  provide  means  of  transportation  for  it 
from  its  home  to  such  asylum,  and  the  probate  judge  of  such 
county  in  which  the  child  lives  shall  certify  that  such  is  the  fact 
under  the  seal  of  his  court,  then  and  in  that  case  the  superin- 
tendent of  said  asylum  is  authorized  to  draw  a  requisition  upon 
the  board  of  trustees  for  a  sufficient  amount  of  money  to  suit- 
ably clothe  such  child  and  pay  for  its  transportation  to  this 
asylum,  which  requisition  shall  be  honored  by  such  board  and 
such  child  shall  thereupon  be  sent  by  its  parents  or  guardian  to 
such  asylum  for  instruction,  and  the  provisions  of  Section  42, 
Chapter  25,  of  the  Session  Laws  of  1891 — Section  1555,  C.  L., 
1897,  in  regard  to  compulsory  attendance  upon  the  public 
schools  are  hereby  exten^led  to  and  made  applicable  to  attend- 
ance upon  some  school  for  the  deaf  and  mute,  and  the  school 
directors  of  the  several  districts  are  hereby  required  and 
directed  to  enforce  the  same  with  regard  to  this  asylum  in  the 
same  manner  as  is  provided  by  that  section  for  enforcing  at- 
tendance upon  the  district  schools. 

Any  failure  on  the  part  of  any  person  hereinbefore  men- 
tioned to  comply  with  the  duties  herein  provided  shall  be 
deemed  as  a  misdemeanor  and  punished  as  such. 


140  COMPUTATION    OF    THE    SCHOOI.    LAWS 

CHAPTER  XLVI.,  LAWS   1899. 


An  Act  to  enforce  the  building  of  school  houses. 


CONTENTS. 

Sec.    1.     Upon  petition,  the  question  of  issuing  bonds  may  be  submitted 

to  a  vote. 
Sec.   2.     Failure  to  vote.     Superintendent  to  order  portion  of  the  school 

fund  as  school  house  building  fund. 
Sec.   3.      Penalty  for  failure  to  perform  duties  required  by  this  act. 


Sec.   1. — Upon    Petition,    County   School   Superintendent    to 
Submit  the  Question  of  Issuing  Bonds  to  a  Vote. 

That  the  county  superintendent  of  schools  for  each  county 
in  this  territory  shall  have  power  in  cases  where  any  school 
district  in  his  county  does  not  own  a  school  house,  upon  a 
petition  signed  by  twenty  residents  of  such  school  district, 
being  each  the  head  of  a  family  and  having  children  of  school 
age  in  the  family,  to  order  the  school  directors  of  such  school 
district  to  submit  the  question  of  issuing  bonds  of  such  district 
for  the  purpose  of  building  a  school  house  as  provided  for  in 
Section  1542  of  the  Compiled  Laws  of  1897  to  the  voters  of 
such  school  district,  and  for  failure  or  refusal  so  to  do,  such 
superintendent  shall  remove  any  or  all  of  such  directors  from 
office  and  appoint  others  of  his  own  choosing  in  their  place. 

Sec.  2. — Failing  to  Vote  Bonds,  County  Superintendent  Shall 
Order  a  Portion  of  the  School  Fund  as  School  House 
Building  Fund. 

In  cases  where  the  question  of  issuing  such  bonds  has 
been  or  shall  be  submitted  to  the  voters  of  such  school  district, 
and  shall  fail  to  carry,  then  such  county  superintendent  of 
schools  shall  in  writing  order  the  county  treasurer  to  set  aside 
such  portion  of  the  school  fund  of  such  district,  not  less  than 
one-fifth  thereof,  yearly,  for  the  purpose  of  eventually  build- 
ing a  school  house  for  such  district,  and  such  fund  shall  be 
kept  for  such  purpose  only,  and  such  superintendent  shall, 
when  in  his  opinion  such   fund  is  sufficiently  large  for  the 


OF    the:    territory    of    new    MEXICO  141 

purpose,  order  the  school  directors  of  such  district  to  build 
such  school  house,  he  to  approve  the  contract  therefor. 

Sec.  3.- — Any  "^ Person  Failing  to  Perform  Duties  Required, 
Guilty  of  Misdemeanor.  Penalty.  Superintendent  of  Pub- 
lic Instruction  to  Enforce  This  Act. 

Any  person  failing  to  perform  the  duties  required  of  them 
by  this  act  shall  be  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  one  hundred 
dollars,  or  more  than  five  hundred  dollars;  and  it  is  hereby 
made  the  duty  of  the  territorial  superintendent  of  education  or 
of  public  instruction  to  see  that  this  act  is.  strictly  enforced, 
and  to  make  all  proper  complaints  for  violation  thereof ;  and  it 
is  further  made  the  duty  of  all  district  attorneys  to  vigorously 
prosecute  the  same. 


CHAPTER    LXXXIX..  LAWS    1907. 


APPROPRIATION     FOR    INDIGENT    STUDENTS. 


Sec.  29.  Each  member  of  the  37th  Legislative  Assembly, 
and  the  board  of  county  commissioners  of  each  county  in 
New  Mexico,  shall  have  the  privilege,  by  competitive  examin- 
ation or  in  such  other  manner  as  may  be  determined  by  each 
of  such  members  of  said  Legislative  Assembly  or  by  each 
of  such  boards  of  county  commissioners,  of  appointing  for 
the  term  of  four  years  from  and  after  the  date  of  such  ap- 
pointment, one  indigent  student  to  any  one  of  the  following 
named  institutions,  to  be  chosen  by  the  student  or  by  the 
parent  or  parents  or  guardian  of  any  such  student,  to-wit : 
The  New  Mexico  College  of  Agriculture  and  Mechanic  Arts, 
the  New  Mexico  School  of  Mines,  the  University  of  New 
Mexico,  the  New  Mexico  Normal  School  at  Silver  City,  the 
New  Mexico  Normal  University  at  Las  Vegas  or  the  New 
Mexico  Military  Institute  at  Roswell.  Such  students,  so 
appointed,  shall  not  be  less  than  fourteen  nor  more  than 
twenty-three  years  of  age.  Such  appointments  shall  be  made 
on  or  before  the  1st  day  of  September,  1907,  and  shall  be  in 
force  and  effect  for  said  period  of  four  years  thereafter. 


142  COMPILATION    OF   THE   SCHOOL   LAWS 

Sec.  30.  Such  students  shall  be  subject  to  the  same  rules, 
regulations,  and  discipline  as  are  provided  for  other  students 
of  the  institutions  which  they  enter  under  such  appointments. 

Sec.  31.  The  sum  of  twelve  thousand  five  hundred  dol- 
lars ($12,500)  per  annum  is  hereby  appropriated  to  pay  the 
expenses  of  such  students  in  the  respective  institutions  to 
which  they  may  be  appointed  under  the  provisions  of  this  act, 
for  and  during  the  said  term  of  four  years. 

Two  hundred  ($200)  dollars  per  school  year  is  hereby 
allowed  to  each  of  such  students  to  pay  actual  and,  necessary 
expenses  while  in  attendance  at  such  institutions,  and  all  such 
students  so  appointed  shall  receive  board,  lodging,  matricula- 
tion and  tuition  without  charge  to  them  or  to  their  parents 
or  guardians ;  they  shall  receive  instruction  in  the  regular 
courses  taught  in  any  such  institution  the  same  as  other  stu- 
dents therein. 

Sec.  32.  All  actual  and  necessary  expenses  of  such  stu- 
dents, while  in  attendance  at  such  institutions,  shall  be  paid 
out  by  the  president  of  such  institution,  and  the  treasurer 
thereof  shall  forward  to  the  Auditor  of  the  Territory  the 
certificates  of  appointment  of  such  students,  which  certificates 
shall  be  vouchers  for  the  sum  of  two  hundred  ($200)  dollars 
for  each  of  such  students,  and  upon  receipt  of  such  certificates, 
said  auditor  shall  draw  his  warrant  on  the  territorial  treas- 
urer for  such  amount  in  favor  of  the  treasurer  of  any  such 
institution. 

Sec.  33.  The  treasurer  of  any  such  institution  shall  pay 
out  such  money  upon  requisitions  by  the  president  of  such 
institution,  and  each  of  such  requisitions  by  the  president  shall 
be  accompanied  by  receipted  bills  showing  the  proper  expendi- 
ture of  the  amount  previously  draAvn  for  any  such  student. 
All  such  requisitions,  together  with  such  receipted  bills,  shall 
be  filed  and  preserved  in  the  records  of  the  ofifice  of  any  such 
treasurer. 

Sec.  34.  Should  any  money  remain  in  the  hands  of  the 
treasurer  of  any  such  institution  to  the  credit  of  any  student 
appointed  under  the  provisions  of  this  act,  after  the  term  of 
his  appointment  shall  have  expired,  it  shall  be  returned  to  the 
territorial  treasurer  and  become  a  part  of  the  fund  appropri- 
ated for  the  expense  of  such  students  at  such  institution. 

Sec.  35.  In  case  any  student  appointed  as  herein  pro- 
vided fails  to  complete  the  four  years'  course,  another  may  be 


Olf   THE  TERRITORY   OE   NEW    MEXICO  143 

appointed  in  lieu  thereof  for  the  unexpired  portion  of  such 
course,  by  the  board  of  county  commissioners  of  the  county  in 
which  the  student  so  failing  to  complete  such  course  resides. 

Sec.  36.  The  territorial  auditor  is  hereby  authorized 
and  instructed,  during  the  years  1907,  1908,  1909,  and  1910, 
to  levy  a  tax  on  all  the  taxable  property  of  the  Territory 
sufficient  to  raise  the  amount  hereinbefore  appropriated  as 
the  expense  fund  for  students  as  aforesaid  provided  for  to 
be  appointed  to  free  scholarships  in  the  several  territorial  in- 
stitutions hereinbefore  mentioned,  and  to  certify  the  same  at 
the  time  and  in  the  manner  required  by  law  to  the  boards  of 
county  commissioners  of  the  respective  counties  of  the  Ter- 
ritory. 


144  COMPIIvATlON    OF   THE   SCHOOL   LAWS 


Extracts  from  Session  Laws  1899. 


CHAPTER    LVIII. 


CONTENTS. 

Sec.    13.     County,  city,  and  town  matured  indebtedness. 

Sec.   26.     Issuing  bonds  by  school  districts  or  boards  of  education. 


Sec.  13. — Every  County  and  Municipal  Corporation  Author- 
ized and  Required  to  Compromise  and  Refund  Its  Ma- 
tured and  Maturing  Indebtedness  and  to  Issue  Bonds,  Etc. 

Every  county,  city,  town,  village,  and  school  district  within 
this  territory  is  hereby  authorized  and  required  to  compro- 
mise and  refund  its  matured  and  maturing  indebtedness, 
evidenced  by  outstanding  bonds,  interest  coupons,  judgments 
or  other  lawful,  outstanding  indebtedness,  hereinafter  men- 
tioned, wherever  the  holders  and  owners  thereof  shall  con- 
sent thereto,  and  to  issue  new  bonds  as  provided  in  this  act. 
in  payment  or  exchange  at  par  for  any  sum  so  compromised 
or  refunded  in  the  manner  hereinafter  provided. 

Sec.  26. — Issuing  Refunding  Bonds,  School  Districts  or 
Boards  of  Education. 

Any  board  of  directors  of  any  school  district  or  board  of 
education  in  towns,  villages  or  cities  within  this  territory  are 
hereby  authorized  to  refund  the  oustanding  bonded  indebted- 
ness of  such  school  districts  in  the  same  manner  and  under 
the  same  conditions  as  hereinbefore  provided  for  the  refund- 
ing of  outstanding  bonded  indebtedness  of  other  municipali- 
ties ;  and  all  bonds  and  interest  coupons  issued  by  such  school 
districts  in  exchange  for  outstanding  bonds  shall  be  signed 
by  the  board  of  directors  or  board  of  education  of  such  school 
districts  and  attested  by  the  clerk  of  said  boards,  and  such 
old  bonds  so  redeemed  shall  be  destroyed  and  a  record  of  such 


01^  the;  territory  of  new  mexico  145 

destruction  made  by  such  board  of  directors  of  education,  and 
witnessed  and  attested  to  by  the  probate  judge  of  the  county 
wherein  such  school  district  is  situated. 

Note — For  form  of  bonds,  etc.,  see  Chapter  LVIII,  Laws 
1899. 


CHAPTER   LXXIV.,  LAWS    1899. 


CONTENTS. 

Sec.      7.     Commissioner  to  keep  account  of  all  moneys. 

Sec.    29.     Income  derived  turned  over  to  territorial  treasurer. 

Sec.   30.      Occupation  and  ipiprovement  of  school  sections. 


Sec.  7. — Commisioner  Shall  Keep  Separate  Accounts  of  All 
Moneys  Received  for  Respective  Funds  Named. 

That  the  commissioner  of  public  lands  shall  keep  separate 
accounts  of  all  moneys  received  from  lands  reserved  for  com- 
mon schools,  a  university,  an  agricultural  college,  a  school 
of  mines,  normal  schools,  a  military  institute,  a  reform  school, 
an  institution  for  the  blind,  an  asylum  for  the  deaf  and  dumb, 
permanent  water  reservoirs  for  irrigating  purposes,  improve- 
ment of  the  Rio  Grande,  an  asylum  for  the  insane,  a  miners' 
hospital  for  disabled  miners,  public  buildings  at  the  Capitol, 
territorial  penitentiary,  the  Territory  of  New  Mexico,  or  for 
any  other  purpose ;  and  the  said  moneys  shall  be  turned  over  to 
the  territorial  treasurer  on  the  first  day  of  each  month  to  the 
credit  of  the  several  funds  respectively  entitled  to  receive 
the  same. 

Sec.  29. — Income  Derived  Turned  Over  to  Territorial  Treas- 
urer, for  Use  of  Institutions  of  Object  for  Which  Granted. 

That  the  income  derived  from  leasing  of  said  lands  or 
from  the  investment  or  loaning  of  the  funds  belonging  to 
any  of  the  institutions  or  objects  mentioned  in  this  act  shall  be 
turned  over  to  the  territorial  treasurer,  as  provided  for  in 
this  act.  to  the  sole  credit,  and  for  the  sole  use,  establishment 
and  maintenance  of  that  particular  institution  or  object  for 
which  the  said  lands  or  funds  were  granted  or  set  apart.  And 
said  income  derived  from  leasing,  investment  or  loaning,  in 


146  '    COMPILATION    OF   THE   SCHOOL   LAWS 

excess  of  actual  expenses  necessarily  incurred  in  connection 
with  the  execution  thereof,  and  so  turned  over  to  the  credit 
of  any  particular  institution  or  object,  shall  be  paid  out  to 
said  institutions  or  object,  according  to  the  provisions 
for  paying  public  moneys  to  such  institutions  or  objects : 
Provided,  That  the  territorial  treasurer  shall,  quarterly,  on 
or  before  the  first  Monday  of  March,  June,  September  and 
December,  make  a  complete  exhibit  of  all  monies  applicable 
to  the  use  and  support  of  the  common  schools  of  the  territory, 
and  shall  deliver  the  same,  duly  certified,  to  the  Territorial 
superintendent  of  public  instruction ;  and  within  twenty  days 
thereafter  the  territorial  superintendent  shall  make  the  ap- 
portionment of  said  moneys  to  the  various  counties  according 
to  the  pro  rate  enumeration  of  school  children  in  each  county 
last  returned  from  the  county  superinfendent,  and  shall  certify 
the  apportionment  of  each  county  to  the  territorial  treasurer 
and  territorial  auditor  and  to  the  treasurer  and  superintend- 
ent of  each  county,  and  the  territorial  auditor  shall  draw  his 
order  on  the  territorial  treasurer  in  favor  of  the  treasurer  of 
each  county  for  the  amount  proportioned  to  the  county;  and 
said  moneys  so  apportioned  shall  be  apportioned  and  distri- 
buted in  said  county  according  to  the  provisions  governing 
the  apportionment  and  distribution  of  other  territorial  funds. 


Sec.  30. — Occupation  and  Improvement  of  School  Sections  as 
Amended  by  Chapter  po,  Laws  ipoj. 

That  whenever  any  school  section,  that  is.  Section  16 
and  36,  or  any  other  portion  of  the  public  domain,  which  may 
be  selected  or  segregated  for  the  purposes  of  this  act,  is  occu- 
pied by  any  person  or  persons,  such  person  or  persons  having 
made  improvements  thereon,  such  person  or  persons  shall 
have  the  preference  right,  to  lease  such  section  or  part  thereof, 
so  occupied  and  irnproved,  and  if  any  such  person  or  persons 
is,  or  are  an  ex-soldier  of  the  civil  war,  his  widow, 'heir  or 
heirs,  and  may  heretofore  have  cultivated,  or  improved  said 
lands,  such  ex-soldier,  his  widow,  heir  or  heirs,  shall  have  the 
preference  right  to  lease  such  sections,  or  the  whole  or  any 
part  of  which  he,  she  or  they  may  have  cultivated  and  im- 
proved, whether  such  ex-soldier,  his  widow,  heir  or  heirs,  shall 
have  actually  lived  upon  such  land  or  not.  And  when  the 
same  may  be  sold  or  offered  for  sale,  such  person  or  persons 
shall  have  the  preference  right  of  purchase  thereof :  Provided, 


OF   THE   TERRITORY   OF    NEW    MEXICO  147 

A  claim  for  such  right  shall  be  filed  with  the  commissioner 
of  public  lands  within  thirty  days  of  the  approval  by  the  sec- 
retary of  the  interior  of  the  selection  of  the  said  land,  or  within 
ninety  days  after  the  approval  of  this  act,  in  case  of  school 
section :  Andj  Provided,  further,  Whenever  any  school  section, 
or  part  thereof,  or  any  portion  of  the  public  domain  which  may 
be  selected  and  segregated  for  the  purpose  of  this  act,  and 
which  may  be  occupied  or  used  as  a  cemetery  or  burial  ground 
by  any  person  or  persons,  or  community,  shall  have  the 
preference  right  to  purchase  the  same  at  one  dollar  and 
twenty-five  cents  per  acre,  and  said  section  or  parts  thereof  so 
used,  shall  not  be  leased  under  the  provisions  of  this  act, 
except  for  cemetery  purposes  for  the  person  or  community 
occupying  the  same  for  such  purpose. 


148  COMPILATION    OF   THE   SCHOOL   LAWS 


Extracts  from  Laws  1901. 


CHAPTER   III. 


An  Act  for  the  protection  of  minors  and  pupils  in 
SCHOOLS.     C.  B.  No.  i  ;  Approved  February  18,  1901. 


^  CONTENTS. 

Sec.   1.     Unlawful    to   sell    or   give    intoxicating   liquors    or   tobacco    to 

minors. 
Sec.   2.      Minors  not  to  engage  in  games  around  establishments  where 

liquors  or  tobacco  are  sold. 
Sec. 3.      Minors  not  to  loiter  about  nor  frequent  saloons  nor  gambling 

places. 
Sec.   4.     Copy  of  laws  to  be  kept  posted. 
Sec.   5.     Penalty  for  violation  of  this  act. 
Sec-  6.     Further  penalty  for  violation  of  this  act. 


Sec.  1. — Unlarci'ful  to  Sell  or  Give  Intoxicating  Liquors  or 
Tobacco  to  Minors  or  Pupils  in  Educational  Institutions. 

That  it  shall  be  unlawful  for  any  person  to  sell  or  give  to 
any  minor  under  the  age  of  eighteen  years,  or  to  any  pupil 
of  any  school  or  educational  institution  within  this  territory 
any  intoxicating  liquor  or  any  cigars,  cigarettes,  or  tobacco  in 
any  form,  except  upon  the  written  consent  of  the  parent  or 
guardian  of  such  minor  or  pupil. 

Sec.  2. — Minors  and  Pupils  Not  Permitted  to  Engage  in 
Games  of  Any  Kind  in  EstablisHments  Where  Intoxicat- 
ing Liquors  or  Tobacco  Are  Offered  for  Sale. 

It  shall  be  unlawful  for  any  merchant,  apothecary,  saloon- 
keeper, or  the  proprietor  or  manager  of  any  other  establish- 
ment in  which  intoxicating  liquors  or  tobacco  in  any  form 
are  kept  or  offered  for  sale  to  permit  any  minor  under  the 


OF    THE    TERRITORY    OF    NEW    MEXICO  149 

age  of  eighteen  years  or  pupil  in  any  school  or  educational 
institution  to  engage  in  any  play,  or  game  of  chance  with 
cards,  dice,  wheels,  or  by  the  manipulation  of  any  machine  or 
device  by  means  of  which  money  or  any  commodity  or  prop- 
erty may  be  hazarded,  won  or  lost,  acquired  or  transferred. 

Sec.  3. — Minors  and  Pupils  Not  to  Loiter  about  Nor  Frequent 
Saloons  Nor  Gambling  Places. 

It  shall  be  unlawful  for  any  proprietor,  keeper  or  man- 
ager of  any  saloon  where  intoxicating  liquor  is  kept  or  offered 
for  sale,  or  where  gambling  in  any  form  is  carried  on  or  per- 
mitted, to  permit  any  minor  under  the  age  of  twenty-one  years 
or  any  pupil  in  any  school  or  educational  institution  to  loiter 
upon  or  frequent  the  premises  belonging  to  such  saloon,  or  to 
engage  in  games  or  amusements  of  any  kind  thereon. 

Sec.  4. — Printed  Copy  of  Laws  to  Be  Kept  Posted. 

Every  person  maintaining  an  esltablishment  where  in- 
toxicating liquor  or  tobacco  in  any  form  are  kept  or  offered 
for  sale  is  required  to  keep  posted  in  a  conspicuous  place 
within  his  place  of  business  a  printed  copy  of  this  law,  and  it 
shall  be  unlawful  for  any  person  to  carry  on  his  business  with- 
out having  such  copy  at  all  times  posted  as  aforesaid. , 

Sec.  5. — Penalty  for  Violation  of  Act. 

(As  amended.  Laws  1903).  Any  person  violating  the 
provisions  of  the  foregoing  sections  of  this  act,  or  any  of  them, 
shall  upon  conviction  be  punished  for  each  offense  by  a  fine 
not  less  than  twenty-five  nor  more  than-one  hundred  dollars, 
or  by  imprisonment  not  less  than  thirty  days  nor  more  than 
three  months,  or  both,  at  the  discretion  of  the  court  trying 
the  cause;  and  the  moneys  accruing  from  such  fines  shall  be 
covered  into  the  general  school  fund  of  the  county  in  which 
the  offense  occurs.  And  it  is  hereby  made  the  duty  of  the 
county  superintendent  of  schools  to  prosecute  before  justices 
of  the  peace  all  persons,  firms  or  corporations  violating  Section 
4  of  this  act. 

Sec.  6. — Penalty  for  Violation  of  This  Act. 

Any  person  who  shall  have  been  convicted  of  violating 
the  fourth  section  of  this  act,  or  who  shall  have  been  twice 


150  COMPUTATION    OF    THE   SCHOOL   I^AWS 

convicted  of  violating  any  other  section  of  this  act,  shall,  in 
addition  to  the  penalties  otherwise  in  this  act  prescribed,  for- 
feit his  license  and  right  to  do  business  of  the  nature  herein- 
before mentioned  within  the  county  in  which  the  offense  was 
committed  for  the  period  of  one  year,  and  the  'doing  of  such 
business  by  such  person  within  such  county  during  said 
period  after  such  conviction  shall  be  punishable  as  prescribed 
in  section  five  of  this  act. 

Sec.  7.  The  word  "person,"  as  used  in  this  act,  shall  be 
deemed  to  mean  firm  or  corporation,  as  well  as  natural  person, 
and  the  person  managing  the  business  of  such  firm  or  corpo- 
ration shall  be  liable  to  the  penalties  prescribed  by  this  act. 
And  the  proprietor  or  owner  of  any  of  the  establishments  men- 
tioned in  this  act  shall  be  liable  to  the  penalties  prescribed  by 
this  act  for  any  violation  of  its  provisions  within  or  at  their 
establishments,  whether  committed  by  themselves  or  by  per- 
sons in  their  employ. 

Sec.  8.  All  acts  and  parts  of  acts  in  conflict  with  the^ 
provisions  of  this  act  are  repealed,  and  this  act  shall  be  in 
force  from  and  after  its  passage. 


CHAPTER    XVII.,  LAWS    1901. 


CONTENTS. 

Sec.   26.     School  superintendents  to   enforce   vaccination.      Penalty  for 

refusal. 
Sec.   27.     Providing  for  the  payment  of  vaccination. 


Sec.  26. — School  Superintendents  to  Hnforce  Vaccination, 
Penalty  for  Refusal  of  Parents.  Provisions-  of  Section 
Applicable  to  Incorporated  Cities  and  Towns,  and  Boards 
of  Education. 

It  shall  be  the  duty  of  the  school  superintendent  of  each 
county  to  see  that  all  children  in  his  county,  of  school  age, 
are  vaccinated  against  smallpox,  and  to  that  end  every 
teacher  of  a  public  school  shall  see  that  the  children  in  his  dis- 
trict are  successfully  vaccinated  or  have  been  vaccinated  within 
one  year  previous,   and   it  shall  be  unlawful   for  any  child 


OF  THE  TERRITORY   OF   NEW    MEXICO  151 

to  attend  school,  or  for  any  teacher  to  allow  such  child  within 
any  school  house  unless  so  vaccinated,  or  showing  proper  certi- 
ficate that  it  has  been  vaccinated;  such  teacher  shall  make 
report  of  the  number  of  children  whom  they  have  caused  to 
be  vaccinated,  and  those  who  have  presented  certificates  that 
they  have  been  vaccinated  to  the  county  school  superintendent 
at  the  beginning  of  the  school  year  and  as  often  thereafter  as 
they  may  deem  necessary,  together  with  the  report  of  the 
names  of  any  parents  who  refuse  to  allow  their  children  to  be 
vaccinated,  and  any  person  who  shall  so  refuse  or  neglect  to 
have  his  or  her  children  vaccinated  in  accordance  with  the 
law,  shall  be  deemed  guilty  of  a  misdemeanor  and  upon  a 
report  to  that  effect  by  the  county  superintendent,  it  shall  be 
the  duty  of  the  sheriff  or  any  constable  whom  he  may  desig- 
nate, to  arrest  such  person,  and  upon  being  convicted  he  shall 
be  fined  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars,  or  imprisoned  in  the  county  jail  not  exceeding  one 
hundred  days,  and  the  fine  so  imposed  shall  go  to  and  be  a 
part  of  the  school  fund  of  the  district  in  which  said  offender 
lives.  These  provisions  shall  apply  to  children  and  parents 
in  incorporated  cities  and  towns,  and  the  duties  heretofore 
imposed  upon  county  school  superintendents  are  hereby  made 
applicable  to  boards  of  education  therein. 

Sec.  27. — Providing  for  the  Payment  of  Vaccination. 

The  vaccination  provided  for  in  the  previous  section  shall 
be  by  the  health  officer,  appointed  by  the  board  of  county 
commissioners  or  by  some  competent  person  selected  by  the 
school  directors  of  the  district  or  the  board  of  education  in  the 
city  or  town,  and  shall  be  paid  for  by  the  parents  of  such 
children  where  they  are  able  to  do  so,. but  in  case  of  their  in- 
ability by  reason  of  poverty,  the  same  shall  be  paid  for  by  the 
board  of  education  or  school  directors  of  the  several  districts, 
out  of  the  school  fund. 


CHAPTER    XXVII.,  LAWS    1901. 


Sec.  3. — Special  Teachers'  Institutes  May  Be  Held.    Munici- 
pal Boards  May  Levy  Taxes. 

In  addition  to  the  privileges,  powers  and  duties  of  boards 


152  COMPILATION    OF    THE    SCHOOL    LAWS 

of  education  heretofore  prescribed  by  law,  the  power  is  hereby 
granted  to  boards  of  education  for  districts  consisting  of  in- 
corporated cities  or  towns  to  employ  a  city  or  district  super- 
intendent, who  in  conjunction  with  the  board  of  education, 
shall  be  authorized  to  hold  special  teachers'  institutes  for  the 
instruction  of  teachers ;  and  they  shall  also  have  power  to  levy 
a  tax  for  the  support  of  the  schools  of  the  district,  not  ex- 
ceeding ill  any  one  year  ten  (10)  mills  on  the  dollar  on  all 
taxable  property  within  the  district,  for  school  purposes ;  said 
levy  to  be  made,  approved,  certified,  and  collected  as  hereto- 
fore provided  by  law. 


CHAPTER   XXIX. 


An  Act  prescribing  the  duties  of  the  sheriffs  of  the 
various  counties  in  regard  to  liquor  and  gaming  li- 
CENSES.    C.  B.  No.  49;  Approved  March  9,  1901. 


CONTENTS. 

Sec.    6.      Sheriffs  to  collect  liquor  and  gaming  licenses;   distribution   of 
by   treasurer. 


Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of 
New  Mexico: 

Sec.  6.  The  sheriffs  of  the  several  counties  shall  here- 
after be  the  collectors  of  all  liquors  and  gaming  licenses,  and 
shall  be  entitled  to  retain  out  of  the  proceeds  of  such  licenses 
so  collected  as  compensation  for  their  services  a  commission  of 
four  per  cent.  Such  licenses  shall  be  made  and  issued  as  now 
provided  by  law  and  delivered  to  the  sheriff  for  collection 
who  shall  receipt  for  same  and  immediately  proceed  to  enforce 
collection  thereon.  It  shall  be  the  duty  of  the  sheriff  to  turn 
over  all  money  or  moneys  so  collected  on  or  before  the  tenth 
day  of  each  month  for  collections  made  during  the  preceding 
month,  to  the  county  treasurer,  who  shall  immediately  dis- 
tribute the  same  two-thirds  (%)  thereof  to  the  credit  of  the 
school  district  wherein  such  license  was  paid,  and  one-third 
(y^)  thereof  to  the  credit  of  the  general  school  fund  of  the 
county  and  shall  issue  receipts  for  such  money  or  moneys  so 


OF    THE    TERRITORY    OE    NEW    MEXICO  153 

received  in  triplicate,  the  original  receipt  to  be  delivered  to  the 
sheriff  turning  the  money,  the  duplicate  receipt  to  be  filed 
with  the  county  clerk  and  the  triplicate  receipt  to  be  retained 
in  the  office  of  the  county  treasurer.  The  said  sheriffs  are 
further  required  to  file  an  itemized  monthly  report  of  all  col- 
lections made  under  the  provisions  of  this  act,  said  report  shall 
set  forth  the  amount  received  or  collected,  the  name  of  the 
person  or  persons  from  whom  collected,  the  amount  of  com- 
mission retained,  shall  be  made  and  filed  on  or  before  the 
tenth  day  of  each  month,  and  shall  be  made  in  triplicate,  the 
original  report  to  be  filed  with  the  county  treasurer,  the  dupli- 
cate report  to  be  filed  with  the  county  clerk,  and  the  triplicate 
report  shall  be  retained  in  the  ofiice  of  the  sheriff. 


CHAPTER    XLIII. 


An  Act  for  the  protection  of  children  and  others  at- 
tending THE  PUBLIC  schools  OR  OTHER  EDUCATIONAL 
INSTITUTIONS  IN  THE  TERRITORY  OF   NEW    MEXICO.      C.   B. 

No.  50;  Approved  March  18,  19Q1. 


COJ^TENTS. 

Sec.    1.     Persons    afflicted    with    tuberculosis    not    to    be    employed    as 

teachers. 
Sec.    2-3.      Certification   of  good  health  required. 
Sec.    4.      Pee  for  certificate. 

Sec.   5.     Complaint  may  be  filed.     Teacher  may  be  discharged. 
Sec.   6.     Penalty  for  failure  of  officials  to   discharge  their  duties. 


Sec.  1. — Persons  Afflicted  With  Tuberculosis  Not  to  Be  Em- 
ployed as  Teachers. 

No  person  shall  be  employed  as  a  school  teacher,  instructor 
or  professor  in  any  public  school  or  other  educational  institu- 
tions in  the  Territory  of  New  Mexico  supported  in  whole  or 
in  part  by  revenues  derived  from  taxes  paid  into  the  public 
treasury  by  the  taxpayers  of  this  territory  who  shall  be  af- 
flicted with  the  disease  called  tuberculosis,  commonly  known 
as  consumption,  in  a  transmissible  form. 


154  COMPILATION    OF   THE   SCHOOI.   LAWS 

Sec.  2-3. — Certification  of  Good  Health  Required, 

Before  any  person  shall  be  employed  as  a  school  teacher, 
instructor  or  professor  in  any  public  school  or  other  educa- 
tional institution  of  this  territory  he  shall  file  with  the  gov- 
erning authorities  of  the  school  district,  board  of  education, 
board  of  regents,  or  other  governing  educational  body  of  any 
university  or  college,  a  certificate  from  a  regular  physician, 
who  shall  be  named  by  the  president  of  the  territorial  board 
of  health,  that  the  said  person  is  not  at  the  time  of  the  ex- 
amination to  be  made  by  said  physician  afflicted  with  the  said 
disease  called  tuberculosis,  commonly  known  as  consumption 
as  hereinbefore  defined. 

Sec.  3.  Any  and  all  persons  now  employed  as  school 
teachers,  instructors  or  professors  in  any  public  school  or 
other  educational  institution  in  this  territory  shall,  within 
thirty  days  from  and  after  the  passage  and  approval  of  this 
act,  obtain  and  present  to  the  governing  authorities  of  the 
school  district,  board  of  education,  board  of  regents  or  other 
governing  educational  body  of  any  university  or  college,  in 
which  such  person  shall  be  employed,  a  certificate  from  a 
regular  physician  so  to  be  named  by  the  president  of  tlie  terri- 
torial board  of  health  that  the  said  person  is  not  at  the  time 
of  the  examinafion,  to  be  made  within  said  thirty  days  by 
said  physician,  afflicted  with  the  said  disease  called  tuber- 
culosis, commonly  known  as  consumption,  as  hereinbefore  de- 
fined, and  any  such  person  failing  to  obtain  and  file  the  said 
certificate  as  herein  provided  within  the  time  herein  specified 
shall  be  forthwith  discharged  as  such  school  teacher,  instructor 
or  professor  by  the  authorities  provided  by  law  for  the  em- 
ployment and  release  and  discharge  of  persons  employed  as 
school  teachers,  instructors  or  professors  in  the  public  schools 
or  other  educational  institutions  of  this  territory. 

Sec.  4. — Fee  for  Certificate. 

For  the  making  of  the  examination  provided  for  in  this 
act  and  for  the  making  of  the  certificate  hereby  provided  for, 
the  physician  making  the  same  shall  charge  a  fee  of  two 
dollars  and  no  more. 

Sec  5. — Complaint  May  Be  Filed.     Teachers  May  Be 
Discharged. 

If  at  any  time  there  shall  be  lodged  with  the  governing 


OF   THE   TERRITORY    OF    NEW    MEXICO  156 

authorities  of  any  school  district,  board  of  education,  board 
of  regents  or  other  governing  educational  body,  a  complaint 
signed  by  any  taxpayer  of  this  territory,  setting  forth  that  in 
his  opinion  any  school  teacher,  instructor  or  professor  is  af- 
flicted with  the  disease  known  as  tuberculosis,  commonly 
called  consumption,  as  hereinbefore  defined,  such  governing- 
authorities,  board  of  education,  board  of  regents  or  other  edu- 
cational body  shall  forthwith  require  such  persons  so  claimed 
to  be  afflicted  with  tuberculosis  to  submit  to  an  examination 
by  a  physician  to  be  named  by  the  president  of  the  territorial 
board  of  health,  and  unless  such  person  shall  within  ten  days 
thereafter  file  with  the  school  authorities  a  certificate "  from 
such  physician  that  he  is  not  afflicted  with  the  disease  com- 
monly known  as  tuberculosis  or  consumption,  such  person- 
shall  be  forthwith  discharged  from  employment  as  such 
teacher,  instructor  or  professor,  and  no  warrant  or  order  for 
any  salary  or  wages  to  any  such  person  shall  be  paid  by  any 
school  or  other  treasurer  until  such  certificate  shall  have  been 
obtained  and  filed  as  provided  for  in  this  section. 

Sec.  6. — Penalty  for  Failure  of  Officials  to  Discharge  Their 

Duties. 

Any  person  holding  any  ofiice,  administrative  or  otherwise, 
connected  with  the  public  schools  or  educational  institutions 
of  this  territory  or  any  county,  city  or  other  municipality 
thereof,  who  shall  refuse  to  perform  or  neglect  to  perform 
the  duties  prescribed  for  him  by  the  provisions  of  this  act 
shall,  upon  complaint  duly  filed  with  the  governor  of  this 
territory  and  duly  substantiated  to  the  satisfaction  of  said 
governor,  be  forthwith  removed  from  office  by  the  governor. 

Sec.  7.  This  act  shall  take  effect  and  be  in  force  from 
and  after  the  passage  thereof. 

Note. — See  Chapter  92,  Laws  1903,  here  following. 


156  COMPILATION    OF    THE    SCHOOL    LAWS 

CHAPTER    XCIL,  LAWS    1903. 


An  Act  to  amend  chapter  43,  oe  the  session  laws  ok 
NEW  MEXICO  of  1901,  An  Act  entitled  "An  Act  for  the 
protection  of  school  children  and  for  other  purposes." 


CONTENTS. 

Sec.  1.  Applicants  for  teachers'  certificates  found  to  be  afflicted  with 
tuberculosis. 

Sec.  2.  Right  of  appeal  to  board  of  health  only.  Penalty  for  viola- 
tion of  this  provision. 


Sec.  1. — Applicants  for  Teachers'  Certificates  Found  to  Be 
Afflicted  With  Tuberculosis.  Duty  of  Bxamining  Physi- 
cian and  Superintendent  of  Public  Instruction.  Appli- 
cants to  Right  of  Appeal  to  Board  of  Health. 

That  whenever  in  this  act  the  phrase  or  expression  "physi- 
cian appointed  by  the  president  of  the  New  Mexico  "Board  of 
Health"  occurs,  the  same  is  hereby  stricken  out  and  the  fol- 
lowing inserted  in  lieu  thereof :  "Any  reputable  physician, 
who  is  a  resident  of  New  Mexico  and  who  is  not  himself 
afflicted  with  the  disease." 

Whenever  such  physician  shall  find  the  applicant  to  be  af- 
flicted with  tuberculosis,  or  what  is  commonly  known  as 
consumption,  it  shall  be  his  duty  to  at  once  notify  the  superin- 
tendent of  public  instruction  of  New  Mexico,  giving  the  name, 
age  and  sex  of  applicant,  together  with  the  date  of  examina- 
Jtion,  and  a  general  statement  of  the  case.  Whereupon  it  shall 
be  the  duty  of  said  superintendent  to  at  once  notify  the 
school  superintendents  of  each  county  in  New  Mexico  of  the 
information  he  has  received.  And  in  case  any  applicant  so 
examined  shall  feel  aggrieved  he  may  take  appeal  to  the  New 
Mexico  board  of  health  and  present  himself  for  examination, 
and  it  shall  be  the  duty  of  said  board  of  health  to  thoroughly 
examine  such  person,  and  the  result  and  decision  of  said  board 
shall  be  final,  and  such  decision  shall  be  certified  by  it  to  the 
superintendent  of  public  instruction  of  New  Mexico,  who  shall 
thereupon  notify  the  different  school  superintendents  of  each 
county. 


OF    THE    TERRITORY    OF    NEW     MEXICO  157 

Sec.  2. — Right  of  Appeal  to  Board  of  Health  Only.    Violation 
of  This  Provision.     Penalty. 

No  person  who  has  been  examined  by  a  physician  under 
this  act  or  of  the  act  of  which  it  is  amendatory,  and  has  been 
rejected  by  such  physician  shall  apply  to  any  other  physician 
for  examination  or  certificate,  but  he  shall  have  right  of  ap- 
peal to  the  board  of  health  of  New  Mexico.  And  if  any  person 
shall  apply  to  any  other  physician  in  violation  of  this  act,  he 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  fined  in  any  sum  not  to  exceed  one  hundred  dollars 
($100.00)  and  shall  not  be  eligible  as  a  school  teacher  in  any 
county  jn  New  Mexico.  The  fine  hereby  imposed  shall  be 
collected  and  paid  over  to  the  territorial  school  fund. 

Sec.  3.  All  acts  and  parts  of  acts  in  conflict  are  hereby 
repealed,  and  this  act  shall  be  in  force  thirty  days  after  its 
passage. 


CHAPTER   LV. 


An    Act    to   regulate   the   Election   of    directors    of 
SCHOOLS,  Approved  March  19,  1901. 


CONTENTS. 

Sec.   1.      Term  of  office  of  directors. 

Sec.   2.      But  one  director  to  be  voted  for  at  each  election. 


Sec.  1. — Term  of  Office  of  Directors. 

That  at  the  next  ensuing  election  of  directors  of  schools 
in  the  several  districts  of  the  counties  of  this  territory  one  of 
the  three  of  such  directors  shall  be  elected  and  shall  hold  his 
office  for  a  term  of  three  years,  one  of  such  three  directors 
shall  be  elected  and  shall  hold  his  office  for  a  term  of  two 
years,  and  the  third  of  such  directors  shall  be  elected  and 
hold  his  office  for  a  term  of  one  year. 

Sec.  2  (As  Amended). — But  One  Director  to  Be  Voted  For. 

At  each  election  after  the  next  ensuing  election  of  such 
directors,  but  one  of  such  directors  shall  be  voted  for.  except 


158  COMPILATION    OF   THE   SCHOOL   LAWS 

in  case  of  election  to  fill  vacancy  for  unexpired  term,  and  he 
shall  be  elected  to  fill  the  vacancy  for  a  term  of  three  years 
from  the  first  day  of  May  thereafter :  Provided,  hozvever, 
That  the  term  of  office  of  a  school  director  elected  for  1907 
under  the  provisions  of  these  amended  acts,  shall  begin  on  the 
first  Monday  in  July,  1907,  and  end  on  the  first  Monday  in 
May,  1908. 

Sec.  3.  All  acts  and  parts  of  acts  in  conflict  with  the  pro- 
visions of  this  act  are  repealed,  and  this  act  shall  take  effect 
and  be  in  force  from  and  after  the  date  of  its  passage. 


CHAPTER  LVII. 


An  Act  relative  fo  the  payment  oe  school  teachers, 
Approved  March  19,  1901. 


Sec.  1. — School. Teachers  to  Be  Paid  Monthly. 

That  hereafter  all  public  school  teachers  engaged  in  teach- 
ing within  incorporated  cities,  towns  and  villages,  as  well  as 
in  any  other  public  schools  in  the  Territory  of  New  Mexico 
shall  be  paid  monthly  instead  of  quarterly,  as  now  provided 
by  law,  unless  there  are  no  funds  available,  in  which  event 
they  shall  be  paid  as  soon  as  the  funds  are  available  therefor. 

Sec.  2.  All  laws  or  parts  of  laws  in  conflict  herewith  arc 
hereby  repealed,  and  this  law  shall  be  in  full  force  and  effect 
from  and  after  its  passage  and  approval. 


CHAPTER  XCV. 


An  Act  to  amend  section  eight  (8)  oe  chapter  twenty- 
two  (22)  OF  the  ^ session  laws  oe  1899,  Approved 
March  21,  1901. 


Sec.   1.     That  section  eight   (8)   of  Chapter  twenty-two 


OF  tht;  territory  of"  new  mexico  .159 

(22)  of  the  Session  Laws  of  1899  be  amended  so  as  to  read 
as  follows 

Sec.  8. — Exemptions  From  Taxation.     Amount. 

That  section  1757  of  the  Compiled  Laws  of  1897  is  hereby 
repealed,  and  in  lieu  and  stead  thereof  is  enacted  the  following : 

That  there  shall  be  exempt  from  taxation  for  territorial, 
county  and  school  purposes  a  family  homestead,  actually 
owned,  occupied  and  used  as  such  by  the  head  of  the  family 
residing  in  this  territory,  to  the  amount  in  value  of  two  hun- 
dred dollars :  Provided,  That  any  person  making  claim  for 
exemption  must  list  the  property  for  taxation,  and  before  any 
such  exemption  shall  be  granted  the  claimant  must  make  oath 
before  the  assessor  as  to  the  true  market  value  of  such  prop- 
erty, and  further  swear  that  he  is  the  head  of  a  family,  residing 
in  this  territory :  Provided,  That  any  head  of  a  family  claim- 
ing the  benefits  of  this  section  who  shall  in  any  manner  assign, 
transfer  or  set  over  any  part  or  portion  of  his  homestead  for 
the  purpose  of  distributing  its  value  between  or  among  differ- 
ent persons,  being  heads  of  families,  so  that  said  homestead,  or 
any  portion  thereof,  shall  be  below  the  sum  of  two  hundred 
dollars  in  value,  and  so  that  more  than  one  homestead  exemp- 
tion may  be  claimed  in  such  homestead,  such  person  shall  not 
receive  the  benefits  of  said  exemption,  but  the  whole  of  such 
homestead  shall  be  assessed  at  double  its  actual  value,  and  he 
shall  be  compelled  to  pay  taxation  thereon  without  the  bene- 
fits of  any  exemption  thereon :  Provided  further,  That  in 
the  event  that  any  head  of  a  family  residing  in  this  territory 
should  not  be  the  owner  of  a  homestead,  or  the  value  of  whose 
homestead  does  not  amount  to  the  sum  of  two  hundred  dollars, 
then  such  person  shall  be  entitled  to  an  exemption  in  the  sum 
sufficient  to  make  the  total  value  of  his  exempt  property  two 
hundred  dollars,  which  said  exemption  shall  be  allowed  only 
out  of  the  following  cfasses  of  property,  to-wit :  real  estate 
other  than  a  homestead  which  the  said  head  of  family  owns  or 
is  possessed  of  in  the  county  wherein  he  resides  and  has  his 
domicile;  farming  implements,  wagons,  one  team,  either  of 
horses,  mules,  burros,  or  one  yoke  of  oxen,  or  one  milch  cow. 
or  he.  may  have  such  exemption,  in  the  absence  of  such  personal 
property,  out  of  goats  or  household  or  kitchen  furniture. 

Sec.  2.  This  act  shall  be  in  force  and  effect  from  and 
after  its  passage. 


160  COMPUTATION    OF   THE   SCHOOL   LAWS 

CHAPTER   XCVIII. 


An  Act  requiring  territorial  institutions  to  account 
FOR  PUBLIC  MONEY  RECEIVED  BY  THEM,  Approved  March 
21,  1901. 


CONTENTS. 

Sec.   1.      Records  and  itemized  accounts  to  be  Icept. 

Sec.    2.      Accounts  of  charitable  institutions. 

Sec.   3.      Detailed  statement  of  receipts  and  disbursements.     Penalty. 


Sec.  1. — Records  and  Itemized  Accounts  to  Be  Kept.     Item- 
ized Accounts  to  Accompany  Requisition  for  Money. 

The  boards  of  managers  of  the  different  territorial  institu- 
tions, under  whatsoever  name  they  may  be  legally  designated, 
are  hereby  directed  and  required  to  keep  in  suitable  books 
of  record  a  strict  account  of  all  moneys  received  by  them 
from  the  territory,  and  also  itemized  accounts  of  the  disburse- 
ment of  the  same.  They  shall  require  all  bills  against  such  in- 
stitutions to  be  made  out  in  duplicate,  and  all  salaries  or  other 
expenditures  except  for  bills  and  current  expenses  shall  be 
receipted  for  in  duplicate,  one  of  such  bills  or  receipts  to  be 
kept  by  the  said  board  of  managers  with  the  other  papers  and 
property  of  the  institution,  and  the  other  to  accompany  all 
requisitions  upon  the  auditor  of  the  territory  for  warrants, 
and  no  warrant  shall  be  drawn  by  the  auditor  for  any  amount 
in  favor  of  any  such  institution  unless  the  requisition  therefor 
is  accompanied  with  such  itemized  receipts  for  the  money  ex- 
pended after  the  last  requisition. 

Sec.  2. — Accounts  of  Charitable  Institutions. 

The  persons  in  charge  of  each  charitable  or  other  institu- 
tion which  receives  territorial  aid,  shall  make  their  requisitions 
upon  the  auditor  in  the  same  manner  as  is  provided  for  terri- 
torial institutions  in  section  one  of  this  act,  and  shall  keep 
books  and  furnish  itemized  duplicate  receipts  for  all  moneys 
received  and  paid  out,  in  the  same  manner. . 


OF  the;  territory  of  new  mexico  161 

Sec.  3. — Detailed  Statement  of  Receipts  and  Disbursements. 

Penalty. 

It  is  hereby  made  the  duty  of  the  several  boards  of  man- 
agers of  territorial,  charitable  or  other  institutions  which  re- 
ceive any  money  from  the  territorial  treasury,  at  the  end  of 
each  fiscal  year  to  make  out  an  itemized  and  detailed  state- 
ment of  all  receipts  and  disbursements  of  such  institution  up 
to  and  including  the  last  day  of  said  fiscal  year,  which  shall  be 
sworn  to  as  correct  by  the  secretary,  treasurer  or  other  ac- 
counting officer  of  such  institution  who  draws  and  receives  the 
territorial  funds,  and  shall  be  transmitted  to  the  governor  of 
the  territory  within  the  first  thirty  days  of  the  new  fiscal  year ; 
and  any  failure  on  the  part  of  any  person  or  officer  to  per- 
form the  duties  herein  specified  shall  subject  such  person  to 
removal  from  his  position,  and  in  case  he  is  a  bonded  officer 
it  shall  be  considered  as  a  breach  of  his  bond  and  be  a  misde- 
meanor in  office,  for  which  he  may  be  fined  in  any  sum  not 
exceeding  five  hundred  nor  less  than  one  hundred  dollars, 
which  shall  be  recovered  from  him  and  the  sureties  on  his 
bond  as  a  penalty. 

Sec.  5.  All  acts  and  parts  of  acts  in  conflict  herewith  are 
hereby  repealed ;  and  this  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 


162  COMPILATION    OF   THE   SCHOOL   LAWS 

CHAPTER  cm. 


An  Act  to  provide  eor  the  refunding  of  bonds  issued 
by  cities  or  towns  for  school  purposes^  or  to  fur- 
nish school  houses,  and  to  validate  such  bonds, 
Approved  March  21,  1901. 


CONTENTS. 

Sec.   1.      Bonds  issued  for  school  purposes  validated  and  legalized. 

Sec.   2.     Cities  and  towns  may  refund  outstanding  bonds. 

Sec.   3.      Manner  of  issuing  such  refunding  bonds.  » 


Sec.    1. — Bonds  Issued  for  School  Purposes   Validated  and 

Legalised. 

Be  it  Enacted  by  the  Legislative  Assembly  of  the  Territory 
of  Ne^u  Mexico,  as  follozvs:    ^ 

In  all  cases  where  any  of  the  cities  or  towns  within  the 
Territory  of  New  Mexico  have  heretofore  issued  bonds  for  the 
purpose  oi  raising  funds  wherewith  to  purchase  grounds  for 
school  buildings  and  school  purposes,  or  with  which  to  con- 
struct a  school  house. or  school  houses,  or  with  which  to  fur- 
nish school  houses,  and  the  proceeds  of  such  bonds  have  been 
actually  used  for  such  purposes,  or  for  any  of  them,  such  bonds 
are  hereby  validated  and  legalized. 

Sec.  2. — Cities  and  Towns  May  Refund  Oustanding  Bonds. 

In  all  cases  mentioned  in  the  foregoing  section,  where 
any  such  bonds  have  been  issued,  the  city  or  town  issuing 
the  same,  or  the  successor  of  such  city  or  town,  is  hereby 
authorized  and  empowered  to  refund  such  bonds  as  may  be 
outstanding,  par  for  par,  at  a  rate  of  interest  not  exceeding 
five  per  cent,  and  running  for  a  period  of  not  less  than  ten 
or  more  than  forty  years. 

Sec.  3. — Manner  of  Issuing  Such  Refunding  Bonds. 

Whenever  the  city  council  of  any  city,  or  the  board  of 
trustees  of  any  town  in  this  territory  shall  determine  to  re- 
fund any  of  the  bonds  in  this  act  mentioned,  such  council 
or  board  of  trustees,  shall  make  and  enter  of  record  in  their 


OP  The  territory  of  new  mexico  163 

proceedings  a  general  description  of  the  bonds  to  be  refunded, 
giving  the  date  and  amount  of  such  issue,  also  an  order  to 
the  effect  that  such  bonds  be  refunded,  stating  the  interest 
such  refunding  bonds  are  to  bear,  and  the  tiipe  they  are  to 
run ;  and  when  the  bonds  are  refunded  the  refunding  bonds 
shall  bear  a  certificate,  stating  that  they  are  issued  under  the 
authority  of  this  act,  that  they  are  such  bonds  as  may  be  prop- 
erly refunded  under  this  act,  which  certificate  shall  be  signed 
by  the  mayor  and  countersigned  by  the  clerk  and  attested  by 
the  seal  of  the  municipality  issuing  such  refunding  bonds. 
A  record  shall  be  made  by  the  municipality  refunding  such 
bonds  showing  the  number  and  amount  of  the  refunding  bonds 
issued,  to  whom  issued  or  sold,  the  time  when  payable  and  the 
rate  of  interest. 

Sec.  4.     This  act  shall  be  in  force  and  effect  from  and 
after  its  passage. 


CHAPTER  LXXXIV. 


An  Act  entitled  an  act  concerning  the  location  and 
keeping  oe  bawdy  houses  in  cities,  .towns  and  vil- 
LAGES.    C.  B.  No.  67;  Approved  March  21,  1901. 


CONTENTS. 

Sec.  1.  Location.     Penalty.     Municipalities  to  have  control. 

Sec.  2.  Leasing  of  building  in  violation. 

Sec.  3.  When  to  be  the  deemed  keepers. 

Sec.  4.  Leases  to  be  void. 

Sec.  5.  Duties  of  officers. 

Sec.  6.  When  saloons  to  be  considered  bawdy  houses. 

Sec.  7.  Testimony. 

Sec.  8.  Jurisdiction  vested  in  district  courts  and  justice  of  the  peace. 


Be  it  Enacted  by  the  Legislative  Assembly  of  the  Territory 
of  New  Mexico: 

Section  1.  That  every  person  who  shall  set  up  or  keep  a 
brothel,  bawdy  house,  house  of  assignation  or  prostitution,  in 
any  town,  city  or  village  in  the  Territory  of  New  Mexico, 


164  COMPILATION    OF   THE   SCHOOL   LAWS 

within  seven  hundred  feet  of  any  school  house,  college,  semi- 
nary or  other  institutions  of  learning,  or  any  church,  opera 
house,  theater,  hall  of  any  benevolent  or  fraternal  society,  or 
other  place  of  public  assemblage,  shall  on  conviction  thereof 
be  adjudged  guilty  of  a  misdemeanor  and  shall  be  punished  by 
a  fine  of  not  exceeding  one  hundred  dollars  ($100),  or  by 
imprisonment  in  the  county  jail  for  a  period  not  exceeding 
sixty  (60)  days,  or  by  both  such  fine  or  imprisonment;  and 
outside  of  seven  hundred  feet  limits  the  city  council  and  board 
of  trustees  of  ^the  different  municipalities,  whether  incorporated 
under  general  or  special  laws,  shall  prohibit  and  suppress,  or 
shall  regulate,  restrain  and  place  under  municipal  supervision, 
lewd  women,  prostitutes,  brothels,  bawdy  houses  and  houses 
of  assignation  or  prostitution,  whether  they  live  or  practice 
acts  of  lewdness  or  prostitution  within  the  limits  of  the 
municipality  or  within  one  mile  thereof. 

Sec.  2.  Every  person  who  shall  knowingly  lease  or  let 
to  another  any  house  or  other  building,  for  the  purpose  of 
setting  up  or  keeping  therein  any  such  brothel,  bawdy  house, 
house  of  assignation  or  prostitution,  as  mentioned  in  the  fore- 
going section,  within  seven  hundred  feet  of  any  such  school- 
house,  college,  seminary,  or  other  institution  of  learning,  or 
any  church,  opera  house,  theater,  hall  of  benevolent  or  fra- 
ternal society,  or -other  place  of  public  assemblage,  or  for  the 
purpose  of  being  kept  or  used  as  such  brothel,  bawdy  house, 
house  of  assignation  or  prostitution,  shall  on  conviction  thereof 
be  adjudged  guilty  of  misdemeanor,  and  punished  as  provided 
in  section  one  (1)  of  this  act. 

Sec.  3.  Every  person  appearing  or  acting  as  a  master  or 
mistress  of  any  such  brothel,  bawdy  house,  house  of  assigna- 
tion or  prostitution,  or  having  the  care,  use  or  management  of 
any  such  brothel,  bawdy  house,  house  of  assignation  or  prosti- 
tution, used  for  the  purposes  specified  in  section  one  of  this 
act,  shall  be  deemed  the  keeper  thereof. 

Sec.  4.  Whenever  any  lessee  shall  permit  any  house  or 
building  to  be  used  as  such  brothel,  bawdy  house,  house  of 
assignation  or  prostitution,  contrary  to  the  provisions  of  this 
act,  the  lease  or  agreement  for  the  leasing  of  such  house  or 
building,  shall  become  void,  and  the  leaser  may  enter  on  the 
premises  so  let,  and  shall  have  the  same  remedies  for  the  re- 
covery as  in  case  of  a  tenant  holding  over  his  term. 

Sec.  5.     (As  amended  by  laws  of  1903.)     It  shall  be  the 


OF    THE    TERRITORY    OF    NEW    MEXICO  165 

duty  of  the  marshal  or  chi^f  of  police  or  other  officer  discharg- 
ing the  duties  of  such  marshal  or  chief  of  police,  to  enforce 
the  provisions  of  this  act,  by  'filing  a  complaint  before  the 
proper  justice  of  the  peace,  or  police  justice,  against  persons 
violating  any  of  the  provisions  of  this  act,  and  it  shall  be  the 
duty  of  the  governing  body  of  all  cities,  towns  or  villages  in 
this  territory,  upon  proof  that  such  officer  or  officers  have 
failed  to  discharge  duties,  to  summarily  remove  them  from 
office. 

And  it  is  hereby  made  the  duty  of  the  district  attorney  of 
the  county  wherein  any  of  the  specified  violations  are  com-- 
mitted  to  investigate  as  to  any  violations  of  this  act  and  to  at 
once  file  an  information  before  the  judge  of  the  district  court 
of  such  county  or  any  justice  of  the  peace  in  such  county 
against  any  and  all  persons  committing  any  of  the  offenses 
herein  specified  and  to  prosecute  diligently  all  persons  so 
offending,  and  any  district  attorney  failing  or  neglecting  to 
comply  with  the  provisions  of  this  act  shall  be  summarily  re- 
moved by  the  governor  who  shall  appoint  his  successor. 

Sec.  6.  Any  saloon  or  other  place  where  drinks  are 
served,  frequented  by  women  having  the  general  reputation  of 
being  prostitutes,  shall  be  considered  a  bawdy  house,  brothel, 
house  of  assignation  or  prostitution,  within  the  meaning  of 
this  act. 

Sec.  7.  No  person  shall  be  incapacitated,  or  excused  from 
testifying  concerning  any  offenses  committed  by  another 
against  any  of  the  provisions  of  this  act,  but  the  testimony 
which  may  be  given  by  such  person  shall  in  no  case  be  used 
against  him. 

Sec.  8.  Each  day  such  brothel,  bawdy  house,  house  of 
assignation  or  prostitution  is  kept,  shall  be  considered  a  sepa- 
rate offense  under  this  act,  and  jurisdiction  of  any  offense 
under  this  act  is  hereby  vested  in  the  district  court,  by  indict- 
ment or  information,  as  well  as  in  the  justice  of  the  peace,  and 
other  cases  of  misdemeanor. 


166  COMPUTATION    OF   THE   SCHOOI.   I.AWS 


Extracts  from  Session  Laws  1903. 


CHAPTER   II. 


An  Act  to  establish  and  maintain  an  asylum  for  thf, 

DEAF  and  dumb,  an   INSTITUTION    FOR  THE  BLIND,  AND  A 

miners'  HOSPITAL  FOR  DISABLED  MINERS,  Apprmwd  Feb- 
ruary 13,   1903. 


Sec. 

1. 

Sec. 

5. 

Sec. 

6. 

Sec. 

7. 

Sec. 

3. 

Sec. 

8. 

Sec. 

10. 

Sec. 

11. 

Sec. 

12. 

Sec. 

13. 

CONTENTS. 

Creation  and  location  of  Asylum. 

Acceptance  of  Grant  of  Lands. 

Trustees,  qualifications,  duties,  etc. 

Powers  of  trustees. 

Creation  and  location  of  Institute  for  the  Blind. 

Institute  for  the  Blind.     Purpose,  rules  for  admission. 

Reform  School.     Whom  to  confine  therein. 

Reform   School.      Supt.   or   warden  to  enTorco  rules. 

Committee  to  select  sites.     Duties,  etc. 

Erection  of  buildings. 


Sec.  1. — "New  Mexico  Asylum  for  the  Deaf  and  Dumb'' 
Created.    Location. 

That  there  is  hereby  created  and  established  an  asylum, 
for  the  deaf  and  dumb,  to  be  known  as  the  "New  Mexico  Asy- 
lum for  the  Deaf  and  Dumb,"  which  is  hereby  established 
and  permanently  located  at  the  city  of  Santa  Fe,  in  the  county 
of  Santa  Fe  and  Territory  of  New  Mexico. 

Sec.  3. — "Nezv  Mexico  Institute  for  the  Blind"  Created. 
Location.    Donation  of  Land. 

That  there  is  also  hereby  created  and  established  an  in-' 
stitution  of  learning  to  be  known  as  the  "New  Mexico  Insti- 
tute for  the  Blind,"  which  is  hereby  located  and  established 
in  the  county  of  Otero,  in  the  Territory  of  New  Mexico,  at 


OF  THE  TERRITORY   OF   NEW    MEXICO  167 

the  town  of  Alamogordo,  in  said  county,  upon  a  tract  of  land 
suitable  for  the  purposes  of  such  institution,  consisting  of  not 
less  than  twenty  acres,  to  be  donated  and  conveyed,  free  of 
cost,  to  the  Territory  of  New  Mexico,  the  title  to  which  shall 
be  examined  and  passed  upon  by  the  solicitor  general,  and 
proper  conveyances  thereof  made  within  six  months  from  the 
passage  of  this  act,  such  tract  of  land  to  be  selected  by  three 
commissioners,  to  be  appointed  by  the  governor  for  that  pur- 
pose as  hereinafter  provided. 

Sec.  5. — Acceptance  of  Grant  of  Lands. 

That  act  of  Congress,  approved  June  21st,  1898,  entitled, 
An  Act  to  make  certain. grants  of  land  to  the  Territory  of  New 
Mexico,  and  for  other  purposes,  is  hereby  accepted  with  all  its 
terms  and  conditions,  by  the  Territory  of  New  Mexico,  in  so 
far  as  the  same  apply  to  the  above  named  institutions ;  and  no 
improveliients  or  buildings  shall  be  made  or  created  upon  any 
of  such  lands  as  are  hereinbefore  provided  for  until  proper 
deeds  therefor,  duly  approved  by  the  solicitor  general,  have 
been  executed  and  recorded  in  the  proper  county  and  filed  in 
the  office  of  the  secretary  of  the  Territory. 

Sec.  6. — Boards  of  Trustees.  Qualifications.  Appointment. 
Term  of  Office.  Organization.  Secretary  and  Treasurer  to 
Pile  Bond. 

The  management  and  control  of  each  of  said  institutions 
above  established,  the  care  and  preservation  of  all  property  of 
which  they  shall  become  possessed,  and  erection  and  construc- 
tion of  all  buildings  necessary  for  their  use,  and  the  disburse- 
ment and  expenditure  of  all  moneys  appropriated  by  the  Terri- 
tory of  New  Mexico,  or  which  shall  otherwise  come  into  their 
possession,  shall  be  vested  in  a  board  of  five  trustees,  one  of 
such  boards  for  each  of  said  institutions ;  and  each  of  said  trus- 
tees shall  be  qualified  voters  and  owners  of  real  estate  in  the 
Territory  of  New  Mexico*.  Said  trustees  shall  possess  the 
same  qualifications,  shall  be  appointed  in  the  same  manner, 
and  their  terms  of  office  shall  be  the  same  and  the  vacancies 
therein  shall  be  filled  in  the  same  manner  as  is  now  provided 
by  law  with  reference  to  the  regents  of  the  Territorial  Univer- 
sity at  Albuquerque,  New  Mexico.  Said  trustees  and  their 
successors  in  office  shall  constitute  a  body  corporate  under  the 
name  and  style  of  "The  Trustees  of  the  New  Mexico  Asylum 


168  COMPILATION    OF    THE    SCHOOL    LAWS 

for  the  Deaf  and  Dumb,"  "The  Trustees  of  the  New  Mexico 
Reform  School,"  "The  Trustees  of  the  New  Mexico  Institute 
for  the  BHnd,"  and  "The  Trustees  of  the  Miners'  Hospital  of 
New  Mexico,"  respectively,  with  the  right  as  such  of  suing  and 
being  sued,  of  contracting  and  being  contracted  with,  of  mak- 
ing and  using  a  common  seal  "and  altering  the  same  at  pleasure, 
and  of  causing  all  things  to  be  done"  necessary  to  carry  out  the 
provisions  of  this  act.  A  majority  of  such  board  of  trustees 
of  any  of  the  above  institutions  shall  constitute  a  quorum  for 
the  transaction  of  business,  but  a  less  number  may  adjourn 
from  time  to  time.  Said  trustees  shall  be  respectively  ap- 
pointed by  the  governor  of  the  Territory  of  New  Mexico, 
within  thirty  days  after  he  shall  be  notified  by  the  secretary  of 
the  territory  that  the  deeds  for  each  of  the  above  named  insti- 
tutions have  been  filed  in  his  office;  and  it  shall  be  the  duty 
of  each  of  said  boards  of  trustees  to  meet  and  organize  by 
electing  its  officers  at  the  county  seat  of  the  county  wherein 
the  said  institutions  are  located,  within  thirty  days  after  their 
appointment,  which  officers  shall  be  elected  in  the  same  man- 
ner and  possess  the  same  qualifications  as  the  officers  of  the 
University  of  New  Mexico  now  possess;  and  the  secretary 
and  treasurer,  respectively,  of  each  of  such  institutions  located 
as  aforesaid,  shall  each  give  bond  in  the  sum  of  ten  thousand 
dollars  ($10,000)  to  the  Territory  of  New  Mexico,  with  two 
or  more  sufficient  sureties  resident  of  this  territory,  or  by  duly 
authorized  surety  company,  conditioned  for  the  faithful  per- 
formance of  their  duties,  and  that  they  will  faithfully  account 
for  and  pay  over  to  the  person  or  persons  entitled  thereto,  at 
the  time  arftl  in  the  manner  provided  by  law,  or  pursuant  to 
contract,  all  moneys  which  shall  come  into  their  hands  as  such 
officers,  which  bond  shall  be  approved  by  the  judge  of  the 
district  court  within  whose  district  the  said  institution  is  lo- 
cated, and  after  approval  shall  be  filed  and  recorded  in- the 
office  of  the  territorial  secretary.  The  governor  of  the  terri- 
tory shall  be  ex-officio  a  member  of  each  of  the  boards  of 
trustees,  but  shall  not  have  the  right  to  vote  or  be  eligible 
to  office. 

Sec.  7. — Poivers  of  Boards  of  Trustees. 

The  boards  of  trustees  of  each  of  said  institutions  shall 
have  power,  and  it  shall  be  their  duty,  to  pass  and  enforce  by- 
laws, rules  and  regulations  for  the  government  of  such  insti- 
tutions, for  the  proper  carrying  out  of  their  several  objects. 


OF    THE    TERRITORY    OF    NEW    MEXICO  109 

not  in  conflict  with  the  laws  of  the  Territory  of  New  Mexico, 
or  any  act  of  Congress,  and  to  provide  all  proper  and  neces- 
sary books,  apparatus,  instruments,  medicines,  clothing,  food 
and  supplies,  and  other  materials  or  things  necessary  for  the 
proper  conduct  of  the  several  institutions  hereinbefore  named 
and  the  care,  support  and  protection  of  the  inmates  thereof 
when  necessary;  also  to  employ  all  teachers,  physicians,  ward- 
ens or  superintendents  and  employes,  and .  to  prescribe  the 
duties  and  compensation  of  each,  and  they  shall  have  full 
power  to  remove  or  discharge  any  officer  or  employe  appointed 
or  selected  by  them  in  any  of  such  institutions  when  in  their 
judgment  the  interest  of  such  institutions  shall  require. 

Sec.  8. — Instituie  for  the  Blind.    Purpose.    Rules  of 
'  Admission. 

The  institute  for  the  blind  herein  established  and  created 
is  intended  and  meant  for  the  proper  instruction  of  the  blind 
youth  of  the  territory,  and  all  such  persons  resident  in 
the  territory  between  the  ages  of  five  and  twenty-one  years 
shall  be  entitled,  upon  application  to  the  board  of  trustees,  to 
free  care  and  support  and  instruction  at  such  institution ;  ex- 
cept in  cases  where  such  pupil  or  the  parents  or  guardian 
thereof  is  possessed  of  property  or  means  sufficient  to  enable 
him  to  pay  the  reasonable  costs  and  charges  incurred  by  his 
attendance  at  such  institution,  in  which  case  he  shall  pay 
therefor. 

Sec.   10.     Reform  School.     Whom  to  be  Confined  Therein. 
Duty  of  Courts.    Terms  of  Confinement. 

The  reform  school  hereby  created  and  established  is  in- 
tended and  meant  for  the  confinement,  instruction  and  refor- 
mation of  juvenile  offenders  against  the  laws  of  the  Territory 
of  New  Mexico,  and  any  persons  of  idle,  vicious  or  vagrant 
habits  of  both  sexes  in  the  Territory  of  New  Mexico,  under 
the  age  of  eighteen  years,  who  may  be  convicted  of  any  offense 
less  than  felony  punishable  by  imprisonment  in  the  peniten- 
tiary for  the  term  of  life,  and  it  shall  be  the  duty  of  the  court 
upon  conviction,  when  it  is  shown  to  the  court  that  the 
person  convicted  is  under  the  age  of  eighteen  years,  to  order 
the  sentence  to  be  executed  by  confinement  in  such  reform 
school,  instead  of  in  the  penitentiary,  after  such  school  shall  be 
fully  equipped  and  prepared  to  receive,  confine  and  care  for 


170  COMPILATION    OF   THE   SCHOOL   LAWS 

such  offenders,  which  time  shall  be  designated  by  proclama- 
tion of  the  governor  of  the  Territory  of  New  Mexico,  and 
thirty  days  after  such  proclamation  is  issued  and  published 
it  shall  be  the  duty  of  all  courts  in  the  Territory  of  New 
Mexico  to  incarcerate  offenders  as  aforesaid  in  the  reform 
school  instead  of  the  penitentiary  in  passing  sentence  upon  such 
offenders;  and  upon  complaint  under  oath  being  made  to  any 
judge  of  the  district  court  that  any  person  of  either  sex  under 
the  age  of  eighteen  years  is  of  idle,  vicious  and  vagrant  habits, 
it  shall  be  the  duty  of  said  court  to  investigate  and  pass  upon 
the  complaint  so  made  as  in  cases  of  misdemeanors  during 
the  terms  of  the  district  court  as  other  criminal  cases  are  tried 
before  it,  and  all  the  laws  and  provisions  in  regard  to  such 
trials  for  misdemeanors  are  hereby  made  applicable  to  such 
complaints,  and  in  case  said  court  shall  find  the  complaint  to 
be  sustained  by  the  evidence  it  shall  find  the  defendant  guilty 
and  sentence  him  to  such  reform  school  for  any  period  not 
exceeding  one  year;  such  proceedings  before  said  court  to 
take  effect  at  the  same  time  after  proclamation  by  the  governor 
as  hereinbefore  provided  for  other  sentences  in  the  district 
court. 

Sec.  \\.— Reform  School.    Superintendent  or  Warden  to 
Enforce  Rules. 

All  persons  sentenced  to  such  reform  school  shall  be  com- 
pelled to  perform  such  useful  labor  and  submit  to  such  rules 
and  regulations  in  and  about  the  said  school  and  grounds  as 
the  board  of  trustees  may  prescribe,  and  the  superintendent 
or  warden  shall  have  the  power, -and  it  shall  be  his  duty,  to  see 
that  all  rules  and  regulations  of  the  said  board  are  properly  en- 
forced, and  ..infringements  thereof  shall  be  properly  punished. 

Sec.  12. — Committee  to  Select  Sites.    Duties.    Report  to  Gov- 
ernor.    Compensation. 

Within  sixty  days  after  the  passage  of  this  act  the  gov- 
ernor shall  appoint  a  committee  for  each  of  the  institutions 
above  named,  each  of  said  committees  to  consist  of  three  com- 
petent and  disinterested  persons,  not  more  than  two  of  whom 
shall  live  in  any  county  wherein  any  of  the  above  institutions 
are  located  by  this  act ;  and  it  shall  be  the  duty  of  these  com- 
missioners to  proceed  to  the  localities  named  in  this  act  for 
the  estabhshment  of  the  several  institutions  and  their  examina- 


OF    THE   TERRITORY    OF    NEW    MEXICO  171 

tion  of  the  several  sites  which  may  be  presented  for  the 
acceptance  of  the  territory  for  the  purposes  named  and  their 
designation,  adaptation  and  selection  or  rejection  of  such  lands 
be  final,  and  unless  the  title  for  the  land  so  selected  shall 
be  conveyed  in  the  manner  hereinbefore  provided  within  six 
months  after  the  adoption  of  this  act,  then  no  portion  of  the 
moneys  received  from  donations  under  the  act  of  Congress  or 
by  this  act  shall  be  available  for  the  purposes  of  the  institution 
so  failing.  The  commissioners  hereby  named  shall  make  a 
report  in  writing  of  their  doings,  together  with  a  description 
of  the  land  selected,  to  the  governor  of  the  territory,  together 
with  a  -statement  of  costs  and  expenses  incurred  by  them  in 
making  such  selection  for  each  institution  separately,  and  in 
addition  to  their  actual  costs  and  disbursements  each  com- 
missioner shall  be  allowed  the  sum  of  six  dollars  per  day  for 
each  day  actually  and  necessarily  occupied  in  carrying  out  the 
provisions  of  this  section,  not  to  exceed  ten  days  for  any  insti- 
tution, which  amount,  including  costs  and  disbursements,  is 
hereby  declared  to  be  a  necessary  and  proper  charge  against 
the  funds  provided  herein  for*  the  creation  and  maintenance 
of  each  of  said  institutions,  and  shall  be  paid  out  of  any  such 
funds  that  may  come  into  the  hands  of  the  territorial  treas- 
urer for  that  fund,  upon  a  bill  therefor  sworn  to  by  each  of 
such'  commissioners  and  approved  by  the  governor  of  the 
territory. 

Sec.  13. — Erection  of  Buildings.    Board  of  Trustees  to  Adver- 
tise for  Bid  and  Let  Contracts. 

That  the  boards  of  trustees  first  appointed  for  the  sev- 
eral institutions  provided  for  in  this  act  shall  be  empowered 
to  contract  for  the  erection,  and  shall  erect  all  buildings  neces- 
sary for  the  maintenance  of  the  above  named  institutions,  and 
shall  be  empowered  to  provide  for  the  furnishing  of  the  same 
and  the  improving  of  the  grounds  thereof :  Provided,  That 
the  said  boards  of  trustees  in  contracting  for  the  erection  or 
in  erecting  any  of  said  buildings  for  the  above  named  insti- 
tutions, shall  advertise  for  bids  for  the  erection  of  the  same, 
specifying  in  said  advertisements  the  character  of  building  to 
be  erected  in  the  place  where  the  plans  and  specifications  of 
said  buildings  may  be  found,  and  let  all  bids  for  the  erection 
of  said  buildings  to  the  lowest  and  best  bidder  therefor:  And 
provided  further,  That  in  furnishing  said  buildings  or  improv- 
ing the  grounds  thereof,  said  boards  shall  call  for  bids  and  let 


s 


172  COMPUTATION    OF    THE    SCHOOL    I.AWS 

the  same  to  the  lowest  and  best  bidders  therefor  upon  any 
items  the  cost  of  which  is  more  than  one  hundred  dollars. 

Sec.   14.     This  act  shall  be  in  force  from  and  after  its 
passage. 


CHAPTER    VI. 


An  Act  entitled  an  act  establishing  an  orphan  child- 
ren's HOME  AT  BELEN,  NEW  MEXICO,  PROVIDING  APPRO- 
PRIATION THEREFOR,  AND  FOR  OTHER  PURPOSES,  Ap- 
proved February  24,  1903. 


CONTENTS. 

Sec.    1.      Orphan  Children's  Home,  creation  and  location. 
Sec.   2.     Buildings  may  be  used  for  school  purposes. 
Sec.    3.      Appropriation.     Tax  levy  by  auditor. 


Sec.  1. — Orphan  Childrens'  Home.     Location.    Board  of  Re- 
gents.    Duties. 

There  is  hereby  established  and  located  an  Orphan  Child- 
ren's Home  at  Belen,  New  Mexico,  which  shall  be  conducted 
under  the  management  and  control  of  a  board  of  regents,  to 
be  composed  of  three  persons,  who  shall  be  appointed  by  the 
Governor  for  a  term  of  two  years  each,  and  shall  file  their 
oaths  of  office  before  entering  upon  their  duties  as  such  re- 
gents, in  the  manner  prescribed  by  law  for  the  qualification  of 
other  territorial  officers. 

Sec.  3. — Buildings  May  Be  Used  for  School  Purposes. 

Until  such  time  as  the  legislature  may  otherwise  direct, 
any  buildings  which  may  hereafter  be  constructed  at  Belen 
for  such  Orphan  Children's  Home  may  be  used  as  a  public 
school  building:  Provided,  That  no  appropriation  for  main- 
tenance or  current  expenses  shall  now  or  hereafter  be  made  or 
in  any  way  defrayed  by  the  territory  during  the  use  of  such 
building  for  public  school  purposes. 

Sec.  3. — Appropriation.     Tax  Levy  by  Auditor. 
For  the  purpose  of  erecting  a  suitable  building  for  the 


OF    THE    TERRITORY    OF    NEW    MEXICO  173 

purposes  mentioned  in  Section  1  of  this  act,  there  is  hereby 
appropriated  for  the  fifty-fifth  fiscal  year  twenty-five  one- 
hundredths  (25-100)  of  one  (1)  mill,  the  proceeds  of  which 
shall  be  used  for  permanent  improvements  under  the  direction 
and  management  of  said  board  of  regents,  and  the  territorial 
auditor  is  hereby  directed  to  make  a  levy  in  accordance  here- 
with, and  the  funds  derived  from  such  a  levy  shall  be  payable 
in  the  manner  now  prescribed  by  law  for  the  payment  of  funds 
to  other  institutions. 

Sec.  4.     This  act  shall  be  in  full  force  and  effect  from  and 
after  its  passage. 


CHAPTER    IX. 


An  Act  in  relation  to  mayors  oe  cities  and  to  other 
.     officers.  Approved  February  28,  1903. 


CONTENTS. 

Sec.   2.     Extension  of  term  of  office.     Date  of  next  election. 

Sec.   3.      Election  of  city  officers,  members  of  board  of  education. 


Sec.  2. — Extension  of  Term  of  Office.  Date  of  Next  Election. 

The  mayors,  clerks  and  treasurers  of  cities,  the  alderman 
of  the  council  of  cities,  and  the  members  of  the  boards  of 
education  of  cities,  now  in  of^ce,  shall  remain  in'ofifice  until 
their  successors  are  elected  and  qualified  at  the  annual  election 
to  be  held  on  the  first  Tuesday  in  April,  1904,  and  there  shall 
be  no  election  held  for  the  election  of  any  of  the  above-named 
officers  in  any  city  in  the  Territory  of  New  Mexico  on  the 
first  Tuesday  of  April,  1903. 

Sec.  3.- — Election  of  City  Officers,  Aldermen  and  Board  of 
Education.     Terms  of  Office. 

(As  amended  by  Chapter  93,  Laws  1903).  The  qualified 
electors  of  cities  shall  on  the  first  Tuesday  of  April,  1904, 
elect  one  mayor,  one  clerk,  and  one  treasurer,  for  the  term  of 
two  years,  and  two  aldermen  of  the  city  council  from  each 


174  COMPILATION    OF   THE   SCHOOL   LAWS 

ward,  one  of  whom  in  each  ward  shall  be  elected  for  the  term 
of  two  years,  and  the  other  for  the  term  of  four  years,  and 
shall  elect  two  members  of  the  board  of  education  from  each 
ward,  one  of  whom  in  each  ward  shall  be  elected  for  the  term 
of  two  years  and  the  other  for  four  years.  And  on  the  first 
Tuesday  of  April,  1906,  and  each  two  years  thereafter,  the 
qualified  voters  of  cities  shall  elect  one  alderman  and  one  mem- 
ber of  the  board  of  education  from  each  ward,  who  shall  hold 
their  offices  for  the  period  of  four  years.  The  provisions  of 
this  act  shall  apply  to  all  cities  in  the  territory,  whether  incor- 
porated under  general  or  special  laws. 


CHAPTER  XXVIII. 


An  Act  authorizing  the  compilation,  printing,  and  dis- 
tribution OE  THE  SCHOOL  LAWS,  Approved  March  10, 
1903. 


CONTENTS. 

Sec.   1.     Superintendent  Public  Instruction  to  compile  and  have  printed 

all  school  laws. 
Sec.   2.     Appropriation  for  compilation  and  printing. 
Sec.   3.     Printed   laws  to  be   furnislied   to  the  County  Superintendents 

and   chairmen   of  school  directors. 


Sec.  1. — Superintendent  of  Public  Instruction  Authorised  to 
Compile  and  Have  Printed  All  School  Laws. 

That  the  superintendent  of  public  instruction  shall  cause 
to  have  compiled,  and  biennally  shall  cause  to  have  printed 
two  thousancl  copies  in  English  and  two  thousand"  in  Spanish, 
in  pamphlet  form,  all  existing  school  laws  of  the  Territory 
of  New  Mexico,  and  such  school  laws  as  may  be  enacted  by 
the  Thirty-fifth  Legislative  Assembly,  and  after  each  future 
Legislative  Assembly,  if  any,  laws  shall  have  been  enacted  per- 
taining to  schools,  he  shall  in  the  first  issue  of  said  pamphlets 
thereafter  include  any  school  laws  that  may  have  been  enacted 
by  any  such  future  Legislative  Assembly.  In  the  meaning  of 
this  act  such  pamphlets  shall  embrace  all  such  school  laws  in 


OF   THE   TERRITORY   OF    NEW    MEXICO  175 

one  copy.  The  first  issue  of  pamphlets  shall  be  compiled  and 
printed,  ready  for  distribution  before  the  first  day  of  July  of 
the  year  1903. 

Sec.  2. — Appropriation  for  Compilation  and  Printing.  Proviso. 

The  compilation,  printing  and  distribution  of  the  pam- 
phlets herein  referred  to  shall  be  paid  for  from  any  funds  in 
the  hands  of  the  territoria^treasurer  arising  from  the  rental 
or  leasing  of  the  common  school  lands,  and  for  this  purpose 
the  territorial  auditor  is  hereby  directed  and  required  to  draw 
an  order  on  the  territorial  treasurer  in  favor  of  the  superin- 
tendent of  public  instruction  for  a  sum  not  exceeding  twelve 
hundred  and  fifty  dollars  ($1250.00). 

Provided,  That  the  printing  and  binding  authorized  by 
this  act  shall  be  let  to  the  lowest  responsible  bidder. 

Sec.  3. — Copies  of  Printed  School  Laws  to  Be  Furnished  to 
County  School  Superintendents  and  Chairman  of  Schbol 
Directors. 

It  shall  be  the  duty  of  the  superintendent  of  public  instruc- 
tion of  the  territory,  before  the  first  day  of  August  of  each 
year,  to  forward  a  sufficient  number  of  such  pamphlets  of  com- 
piled school  laws  to  the  superintendent  of  schools  of  the  sev- 
eral counties  of  the  Territory  of  New  Mexico.  It  shall  be  the 
duty  of  the  county  superintendent  to  place  a  copy  of  said 
pamphlet  in  the  hands  of  the  chairman  of  the  directors  of  pub- 
lic schools  in  each  and  every  district  of  said  county. 


CHAPTER   LXXXI. 


An  Act  to  prevent  the  cutting  oe  timber  erom  school 
SECTIONS,  Approved  March  17,  1903. 


Sec.  1. — Unlawful  to  Cut  Timber  from  Certain  School  Sec- 
tions or  Territorial  Lands. 

Hereafter  it  shall  be  unlawful  for  any  person,  persons, 
company  or  corporation  to  cut,  take  or  destroy  any  timber 
from  or  on  any  school  section  numbered  sixteen  or  thirty-six 


176  COMPIIvATlON    OF   THE   SCHOOI.   I.AVVS 

or  other  territorial  lands  within  the  Territory  of  New  Mexico. 
Any  person  or  persons  violating  the  provisions  of  this  act 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  in  a  court  of  competent  jurisdiction  in  the  territory 
shall  be  punished  by  a  fine  in  the  sum  of  not  less  than  fifty 
dollars  ($50.00)  nor  more  than  one  hundred  dollars 
($100.00),  or  by  imprisonment  in  the  county  jail  for  not  less 
than  thirty  days  nor  more  than  n^ety  days,  or  by  both  such 
fine  and  imprisonment,  in  the  discretion  of  the  court  trying 
the  case.  The  violations  of  the  provisions  of  this  act  upon  each 
day  shall  constitute  a  separate  and  distinct  offense. 


CHAPTER  XXXVII. 


An  Act  to  provide  for  public  school  houses  from  the 
SURPLUS  IN  GENERAL  SCHOOL  FUNDS,  Approved  March 
12,  1903. 


CONTENTS. 

Sec.  1.  Directors  may  use  surplus  in  general  fund  to  construct  school 
houses. 

Sec.  2.  Surplus  fund.  Available  when.  Duties  of  county  superintend- 
ents, territorial  treasurer,  and  school  directors. 

Sec.   3.     Proviso,  when  surplus  not  sufficient  to  complete  buildings. 

Sec.   4.      Insurance  of  school  buildings. 

Sec.   5.     Penalty  for  failure  to  carry  out  provisions  of  this  act. 


Sec.  1. — Directors  May  Use  Surplus  in  General  School  Bund 
to  Construct  School  Buildings. 

That  whenever  there  shall  be  a  surplus  in  the  general 
school  fund  in  the  county  treasury  to  the  credit  of  any  school 
district  in  the  territory,  outside  of  incorporated  towns  and 
cities,  to  the  amouht  of  not  less  than  two  hundred  dollars 
($200.00)  after  all  the  expenses  of  maintaining  the  schools  in 
said  district  for  teachers'  salary,  rent  and  other  expenses  con- 
nected therewith,  the  said  surplus  or  any  part  thereof  may  be 
withdrawn  by  the  directors  of  said  school  district  and  applied 
by  them  to  the  procuring  of  a  suitable  site  and  the  erection 


OF    the;    r^RRlTORY    0?    NDW    MEXICO  177 

thereon  of  proper  school  buildings,  or  for  the  repairing  of  any 
school  building  or  buildings  for  the  use  of  such  school  district, 
in  the  manner  following 


Sec.  2. — Surplus  Fund.  Available  When.  Duties  of  Couuiy 
Superintendents,  County  Treasurer,  and  School  Directors, 
rectors.  , 

That  whenever  a  petition  signed  by  one-half  of  the  legal 
voters  of  such  school  district  described  in  Section  1  of  this  act, 
as  shown  by  the  number  of  votes  cast  in  said  district  or  precinct 
at  the  last  general  election,  shall  be  presented  to  the  county 
school  superintendent',  praying  that  such  surplus  money  de- 
scribed in  Section  1  of  this  act  may  be  turned  over  to  the  school 
directors  of  such  school  districts  for  the  purpose  of  procuring 
a  site  and  erecting  school  building  or  buildings  thereon,  then 
it  shall  be  the  duty  of  said  county  school  superintendent  within 
ten  days  after  the  receipt  of  the  said  petition,  to  forward  the 
same  to  the  county  treasurer,  who  shall  file  the  said  petition 
and  safely  keep  the  same  among  the  records  and  archives  of 
his  office,  and  it  shall  be  the  duty  of  said  county  treasurer 
to  at  once  notify  the  school  directors  of  such  school  district 
of  the  amount  of  money  then  on  hand,  subject  to  be  withdrawn 
for  the  purposes  named ;  and  thereafter  the  said  treasurer  shall 
honor  and  pay  all  warrants  drawn  by  such  school  directors 
against  such  surplus  fund  for  the  purchase  of  site  and  erection 
of  school  houses  thereon,  when  the  same  are  accompanied  by 
itemized  and  verified  accounts  and  vouchers  until  the  said 
surplus  is  exhausted,  and  it  shall  be  the  duty  of  the  school 
directors  to  open  proper  books  of  account  with  the  said  fund, 
and  enter  therein  all  receipts  and  disbursements  on  account  of 
such  fund ;  and  it  shall  be  their  further  duty  to  take  from  per- 
sons to  whom  money  may  be  due  on  this  account,  itemized  and 
verified  bills  in  duplicate,  one  of  which  shall  be  retained  by 
said  board  of  directors,  and  the  other  shall  be  transmitted  with 
the  warrant  drawn  in  payment  thereof  to  the  county  treasurer 
of  the  county  in  which  said  district  is  located.  And  the  said 
school  directors  shall  in  no  event  and  under  no  pretext  con- 
tract for  or  incur  obligations  on  such  account  beyond  the 
amount  of  money  available  in  the  county  treasury  for  such 
purposes,  nor  shall  they  under  any  circumstances  incur  anv 
debt  in  the  erection  of  such  school  house,  or  houses,  or  im- 


178  COMPILATION    OF   THE   SCHOOL   LAWS 

provement  or  repair  thereof  except  as  provided  in  Sections 
1542  and  1543  of  the  Compiled  Laws  of  1897. 

Sec.  3. — Proviso,  When  Surplus  Not  Sufficient  to  Complete 

Buildings. 

In  case  there  shall  not  be  sufficient  surplus  moneys  on 
hand  to  purchase  a  site  and  complete  the  building  or  buildings 
contemplated  by  the  school  directors  under  this  act  they  are 
hereby  authorized  to  procure  the  site  for  school  purposes  and 
to  commence  the  erection  of  such  building  or  buildings  as  they 
may  deem  necessary  and  proper  for  the  purposes  herein  named, 
and  shall  carry  on  the  construction  thereof,  so  far  as  the 
moneys  on  hand  for  that  purpose  will  permit,  as  hereinbefore 
provided,  and  in  case  the  term  of  office  of  any  such  school 
directors  or  any  member  thereof  shall  expire,  before  the  said 
buildings  are  completed,  it  shall  be  the  duty  of  their  successor 
or  successors  to  proceed  with  the  work  in  the  manner  herein 
provided  until  such  work  is  completed. 

Sec.  4. — Insurance  of  School  Buildings. 

The  board  of  directors  of  any  school  district  is  empow- 
ered to  expend,  from  the  funds  in  the  treasury  of  said  school 
district,  any  moneys  necessary  to  properly  insure  any  school 
building  or  buildings  in  such  school  district. 

Sec.  5. — Failure  of  Officers  to  Carry  Out  the  Provisions  of 
This  Act.    Penalty. 

Any  failure  of  any  of  the  officers  mentioned  in  this  act  to 
carry  out  its  provisions  in  the  letter  and  the  spirit  of  this  act, 
shall  subject  such  officers  to  removal  and  to  forfeiture  of 
their  official  bond  for  the  benefit  of  such  school  district  so  in- 
jured thereby,  and  any  school  director  so  offending  shall  be 
disqualified  to  become  his  own  successor  in  office  either  by 
election  or  by  appointment  for  a  period  of  one  year  from  date 
of  such  removal. 


OI'   THE   TERRITORY    OE    NEW    MEXICO  179 

CHAPTER   XCVII. 


An  Act  authorizing  and  empowering  the  board  oe  edu- 
cation OF  THE  CITY  OE  SANTA  EE  AND  TERRITORY  OE 
NEW  MEXICO  TO  PROVIDE  EOR  THE  ERECTION  OE  A  PUBUC 
SCHOOE    BUILDING,    AND    MAKING    PROVISIONS    EOR    MEANS 

TO  ERECT  THE  SAME,  Approved  March  18,  1903. 


CONTENTS. 

Sec.  1.  Bond  issue  to  erect  school  buildings.   Form  and  rate  of  interest. 

Sec.  2.  Special  tax  levy  to  pay  interest  on  bonds. 

Sec.  3.  Sale  of  bonds. 

Sec.  4.  Material  and  labor  to  be  furnished  by  penitentiary.     Proviso. 

Sec.  5.  Board  of  education  to  provide  grounds,  material  and  labor. 

Sec.  6.  Donation  of  land. 


Sec.  1. — Bond  Issue  to  Erect  School  Building  Authorised. 
Form.  Maturity.  Rate  of  Interest.  On  Petition  Ques- 
tion of  Bond  Issue  to  be  Submitted  to  Vote.  Form  of 
Ticket. 

For  the  purpose  of  erecting  a  suitable  and  commodious 
public  school  building  in  the  city  of  Santa  Fe,  in  this  Territory, 
the  board  of  education  of  the  city  of  Santa  Fe,  in  the  Territory 
of  New  Mexico,  is  hereby  authorized  and  empowered  on  or 
after  the  first  day  of  June,  A.  D.  1903,  and  prior  to  the  first 
day  of  November,  A.  D.  1903,  to  issue  the  bonds  of  said  board 
of  education  of  the  city  of  Santa  Fe,  in  the  Territory  of  New 
Mexico,  as  a  body  corporate,  to  the  amount  of  twenty-eight 
thousand  dollars  ($28,000.00),  or  so  much  thereof  as  may  be 
required,  said  bonds  to  be  of  the  denomination  of  one  hundred 
dollars  ($100.00)  or  any  multiple  thereof,  not  exceeding  one 
thousand  dollars  ($1,000.00),  to  be  made  payable  to  bearer 
and  redeemable  at  any  time  after  twenty  years  after  the  date 
thereof,  and  to  become  absolutely  due  and  payable  thirty  years 
after  the  date  thereof,  to  bear  interest  from  the  date  thereof 
at  the  rate  of  five  per  centum  per  annum,  payable  semi-annu- 
ally at  some  national  bank  or  trust  company  in  the  City  of 
New  York,  State  of  New  York,  such  interest  to  be  evidenced 
by  coupons  representing  each  six  months  period  of  interest, 
attached  to  said  bond ;  said  bonds  shall  be  signed  by  the  board 


180  COMPILATION    OF   THE   SCHOOL   LAWS 

of  education  of  the  city  of  Santa  Fe,  of  the  Territory  of  New 
Mexico,  by'its  president  and  sealed  with  the  seal  of  said  board 
and  attested  by  the  secretary  of  said  board,  and  the  coupons 
thereof  shall  bear  a  fac-simile  of  the  signature  of  the  secretary 
of  said  board,  which  shall  be  engraved  thereon ;  said  bonds 
shall  be  numbered  commencing  with  one  and  running  upwards, 
the  coupons  of  each  bond  shall  bear  the  number  of  the  bond 
and  its  relative  number  to  other  coupons  on  the  same  bond, 
and  shall  show  the  date  thereof,  when  due  and  payable,  and 
that  it  is  for  interest  on  the  particular  bond  to  which  it  is  at- 
tached for  the  six  months  terminating  on  the  date  when  it 
becomes  due  and  payable.  Should  seventy-five  of  the  legal 
voters  of  the  City  of  Santa  Fe,  who  are  the  owners  of  taxable 
property  not  exempt  from  taxation  for  school  purposes  in  the 
said  City  of  Santa  Fe  on  which  each  of  them  has  paid  taxes  for 
the  year  1902,  within  thirty  days  after  the  passage  of  this  act, 
petition  the  said  board  of  education  of  the  said  City  of  Santa 
Fe  to  cause  to  be  submitted  to  a  vote  of  the  legal  voters  in  the 
said  City  of  Santa  Fe  the  question  whether  or  not  said  bonds 
hereinbefore  provided  for  shall  be  issued,  it  shall  be  the  duty  of 
said  board  of  education  to  request  the  mayor  and  the  city  coun- 
cil of  the  said'  City  of  Santa  Fe  to  order  an  election  to  be  held 
within  forty  days  thereafter  to  vote  upon  the  question  as  to 
whether  said  bonds  shall  be  issued  or  not,  and  thereupon  the 
said  mayor  and  city  council  shall  order  an  election  to  be  held 
in  the  various  wards  of  said  city,  at  which  all  persons  who 
may  be  qualified  voters  in  said  city  under  the  laws  of  the  Ter- 
ritory of  New  Mexico,  and  who  were  registered  as  such  at  the 
last  city  election  of  the  City  of  Santa  Fe.  shall  be  entitled  to 
vote.  The  ticket  which  they  shall  vote  shall  be  in  either  of  the 
following  forms : 

''For  public  school  house  bonds  of  the  City  of  Santa  Fe — 
Yes."  or: 

"For  public  school  house  bonds  of  the  City  of  Santa  Fe — 

No." 

And  if  a  majority  of  those  voting  shall  vote  "yes,"  such 
vote  shall  be  considered  as  consenting  to  the  issue  of  said 
bonds,  and  the  said  board  shall  be  authorized  to  issue  the  same ; 
but  if  a  majority  of  those  voting  shall  vote  "no,"  such  vote 
shall  be  considered  as  being  opposed  to  the  issue  of  said  bonds, 
and  the  said  board  of  education  shall  not  have  the  right  to  issue 
the  same. 


OF    THE    TERRITORY    OF    NEW    MEXICO  181 

Should  no  petition  be  made,  as  herein  provided,*  by  seven- 
ty-five owners  of  taxable  property  as  before  mentioned  within 
thirty  days  from  the  date  of  this  act,  then  the  said  board  of 
education  shall  be  authorized  and  empowered  to  issue  said 
bonds  without  further  delay  or  any  further  authorization. 

Sec.  2. — Special  Tax  Levy  to  Pay  hiierest  on  Bonds. 

To  secure  the  payment  of  interest  on  each  of  the  bonds 
which  may  be  issued,  according  to  the  provisions  of  the  last 
preceding  section,  as  falls  due  and  also  the  principal  of  said 
bonds,  the  said  board  of  education  of  the  City  of  Santa  Fe  is 
hereby  authorized  and  required,  after  it  shall  have  determined 
to  issue  bonds,,  to  fix  a  rate  of  tax  levy,  to  be  levied  on  all- 
of  the  property  subject  to  taxation  in  the  said  City  of  Santa 
Fe,  and  not  exempt  by  law  from  taxation  for  school  purposes, 
at  its  meeting  to  be  held  on  the  first  Monday  in  June  in  each 
year,  or  as  soon  thereafter  as  possible,  making  due  allowance 
therein  for  taxes  which  may  not  be  collected,  which  rate  of 
taxation  when  so  fixed  shall  be  certified  by  the  president  and" 
secretary  of  said  board  of  education  under  the  name  of  said 
lx)ard  and  the  seal  thereof,  to  the  board  of  county  commission- 
res  of  the  county  of  Santa  Fe,  which  said  board  of  county 
commissioners  shall  include  the  amount  of  such  rate  of  taxation 
so  fixed  in  the  order  making  levies  for  taxation  for  the  various 
purposes,  required  to  be  made  by  them  for  the  county,  and  the 
same  shall  be  and  become  a  special  levy  on  all  the  property 
subject  to  taxation  in  the  City  of  Santa  Fe  and  not  exempt 
therefrom  for  school  purposes,  and  the  amount  thereof  when 
collected  shall  be  kept  in  a  separate  fund  to  pay  said  interest. 

Ten  years  after  the  date  of  said  bonds  and  each  year  there- 
after a  sufficient  tax  shall  in  like  manner  be  levied  and  col- 
lected to  pay  each  year  one-twentieth  part  of  the  principal  of 
said  bonds,  and  the  moneys  so  collected  to  pay  such  interest 
and  principal  shall  be  used  for  no  other  purpose. 

Sec.  3. — Sale  of  Bonds. 

The  said  bonds,  authorized  by  this  act  to  be  issued,  shall 
be  disposed  of  at  not  less  than  par,  out  of  which  shall  be  paid 
the  cost  of  issuing,  printing  and  disposing  of  the  same,  and 
all  the  rest  or  remainder  of  the  proceeds  thereof  shall  be  used 
solely  and  only  for  the  purpose  of  preparing  the  plans  and 
specifications  of  such  building  and  aiding  and  assisting  in  the 
construction  of  the  same,  as  a  suitable  and  commodious  build- 


182  COMPUTATION    OF   THE   SCHOOL   I.AWS 

ing  for  the  public  schools  of  the  City  of  Santa  Fe,  of  the 
Territory  of  New  Mexico,  and  in  paying  all  necessary  expenses 
thereof  and  furnishing  the  same  with  suitable,  modern  fur- 
niture. 

Sec.  4. — Material  and  Labor  to  be  Furnished  by  Penitentiary. 

Proviso. 

To  aid  and  facilitate  the  construction  of  said  building, 
the  board  of  penitentiary  commissioners  and  the  superinten- 
dent of  the  penitentiary  are  hereby  directed  and  required  to 
furnish,  free  of  charge,  convict  labor  for  the  excavation  for  the 
foundation  of  said  building,  with  the  aid  of  skilled  superinten- 
dents, should  such  be  necessary ;  said  penitentiary  authorities 
shall  also  furnish  all  the  brick  and  lime  which  may  be  neces- 
sary for  the  construction  and  completion  of  said  building,  and 
also  all  other  materials  which  can  be  furnished  through  the 
convict  labor,  machinery  and  appliances  of  said  penitentiary, 
and  which  may  be  necessary  for  the  completion  of  said  build- 
ing :  Provided,  That  the  penitentiary  shall  be  paid  and  ad- 
vanced the  funds  necessary  to  defray  expenses  of  guards  and 
actual  cost  of  materials  furnished. 

Sec.   5. — Board  of  Hducation  to  Provide  Grounds,  Material 

and  Labor. 

The  board  of  education  of  the  City  of  Santa  Fe,  of  the 
Territory  of  New  Mexico,  shall  provide  suitable  grounds  on 
which  to  construct  the  building  provided  for  by  this  act,  and 
shall  also  prepare,  or  cause  to  be  prepared,  all  the  plans  and 
specifications  for  said  building,  and  hire  and  pay  all  architects, 
necessary  superintendents,  foremen  and  skilled  labor  which 
cannot  be  supplied  from  the  penitentiary  convicts,  and  all  other 
labor  which  may  not  be  supplied  by  the  penitentiary  convicts. 

Sec.  6. — Donation  of  Land. 

There  is  hereby  donated  and  granted  in  fee  simple  to  the 
board  of  education  of  the  City  of  Santa  Fe  and  Territory  of 
New  Mexico,  in  order  that  it  may  be  used  as  a  school  house 
site,  for  the  building  in  this  act  provided  to  be  erected,  if  it 
should  be  suitable  therefor,  all  that  certain  lot,  piece  and  par- 
cel of  land  situate  within  the  City  of  Santa  Fe,  County  of  Santa 
Fe,  and  Territory  of  New  Mexico,  described  as  follows : 


OF   THE  TERRITORY   OE   NEW    MEXICO  183 

Beginning  at  a  point  on  Washington  Avenue  where  the 
southern  hne  of  the  abandoned  Fort  Marcy  miHtary  reserva- 
tion terminates,  being  the  southeast  corner  of  the  premises 
now  occupied  by  Governor  Otero,  and  running  thence  south- 
erly more  or  less  along  Washington  Avenue  158  feet  9  inches 
-  to  the  corner  of  a  brick  wall  enclosing  a  corral  on  the  north 
side  of  the  Old  Palace  building ;  thence  running  westerly  more 
or  less  along  the  north  side  of  the  adobe  wall  of  the  corral  of 
the  Old  Palace  building  and  along  the  wall  enclosing  the  cor- 
ral or  yard  to  the  north  of  the  building  occupied  by  the  post 
office  at  Santa  Fe,  261  feet  and  6  inches  to  the  northwest 
corner  of  the  corral  or  yard  on  the  north  side  of  said  building 
occupied  by  the  post  office;  thence  running  northerly  more  or 
less  along  Lincoln  Avenue  165  feet  4  inches  to  the  southern 
line  of  the  abandoned  Fort  Marcy  military  reservation  and 
the  property  thereof  now  occupied  by  Governor  Otero  as  his 
residence;  thence  easterly  more  or  less  along  the  southern  line 
of  the  said  abandoned  Fort  Marcy  military  reservation  and 
part  thereof  now  occupied  by  Governor  Otero  267  feet  to  the"" 
place  of  beginning,  being  all  of  that  portion  of  land  lying  be- 
tween Washington  and  Lincoln  Avenues  and  between  the 
southern  boundary  of  the  abandoned  Fort  Marcy  military 
reservation,  where  it  is  occupied  by  Governor  Otero  as  his  resi- 
dence, and  a  north  lin.e  described  by  a  line  extended  from  the 
north  end  or  corner  of  the  brick  wall  aforesaid  along  the  wall 
extending  therefrom  in  an  east  and  west  direction,  and  also 
extending  straight  along  the  projection  of  said  wall,  to  the  next 
wall  in  line  therewith  lying  to  the  north  of  the  yard  or  corral 
occupied  by  the  post  office  at  Santa  Fe,  to  the  northwest  cor- 
ner of  the  wall  forming  said  corral  or  yard  on  Lincoln  Avenue, 
except  that  there  is  not  included  in  this  grant  the  portion  of 
said  lot  and  tract  of  land  which  has  heretofore  been  granted 
to  the  Woman's  Board  of  Trade  and  Free  Library  Association 
of  the  City  of  Santa  Fe. 


184  COMPILATION    OF    THE    SCHOOL    LAWS 

CHAPTER  cm. 


An  Act  to  preserve  the  public  health. 


CONTENTS. 

Sec.    29.      Smallpox."    Vaccination  of  children. 
Sec.   30.      County  health  officer  to  vaccinate. 
,Sec.   31.     Vaccination  of  adults.     Refusal.     Penalty. 


Sec.  29. — Smallpox.  Duty  of  School  Superintendents.  Vac- 
cination of  Children.  Refusal  of  Parents  to  Permit  Vac- 
cination of  Children.    Penalty. 

It  shall  be  the  duty  of  the  school  superintendent  of  each 
.county  to  see  that  all  children  in  his  county,  of  school  age.  are 
vaccinated  against  smallpox,  and  to  that  end  each  teacher  of 
a  public  school  shall  see  that  the  children  in  his  district  are  suc- 
cessfully vaccinated  or  have  been  vaccinated  within  one  year 
previous,  and  it  shall  be  unlawful  for  any  child  to  attend 
school,  or  for  any  teacher  to  allow  such  child  within  any 
school  house  unless  so  vaccinated,  or  showing  proper  certifi- 
cate that  it  has  been  vaccinated ;  such  teacher  shall  make  report 
of  the  number  of  children  whom  they  have  caused  to  be  vac- 
cinated and  those  who  have  presented  certificates  that  they 
have  been  vaccinated,  to  the  county  school  superintendent  at 
the  beginning  of  the  school  year  and  as  often  thereafter  as  they 
may  deem  necessary,  together  with  the  report  of  the  names  of 
any  parents  who  refuse  to  allow  their  children  to  be  vac- 
cinated, and  any  person  who  shall  so  refuse  or  neglect  to  have 
his  or  her  children  vaccinated  in  accordance  with  the  law  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  a  report  to  that 
effect  by  the  county  superintendent,  it  shall  be  the  duty  of  the 
sheriff  or  any  constable  whom  he  may  designate,  to  arrest  such 
person,  and  upon  being  convicted,  he  shall  be  fined  not  less, 
than  ten  dollars  ($10.00)  nor  more  than  one  htmdred  dollars 
($100.00),  or  be  imprisoned  in  the  county  jail,  not  exceed- 
ing one  hundred  days,  and  the  fine  so  imposed  shall  go  to  and 
be  a  part  of  the  school  fund  of  the  district  in  which  such  of- 
fender lives.  These  provisions  shall  apply  to  children  and 
parents  in  incorporated  cities  and  towns,  and  the  duties  here- 


OF    THE    TERRITORY    OE    NEW    MEXICO  185 

tofore  imposed  upon  county  school  superintendents  are  hereby 
made  applicable  to  boards  of  education  therein. 

Sec.  30. — County  Health  Officer  to  Vaccinate.    Expense. 

The  vaccination  provided  for  in  the  previous  section  shall 
be  done  by  the  county  health  officer  provided  for  by  Section 
22  of  this  act,  or  by  his  assistants  and  under  his  direction,  and 
shall  be  paid  for  by  the  parents  of  such  children  when  they  are 
able  to  do  so,  but  in  case  of  their  inability  to  pay  for  the  same 
by  reason  of  poverty,  the  same  shall  be  paid  for  by  the  board  of 
education,  or  school  directors  of  the  several  districts  out  of 
the  school  fund. 

Sec.  31. — Vaccination  of  Adults.    Refusal.   Penalty. 

It  shall  be  the  duty  of  the  board  of  health  to  make  and 
enforce  all  necessary  rules  and  regulations  for  the  vaccination 
against  smallpox  of  the  adult  population  as  well  as  of  children 
within  school  age.  and  enforce  the  same  by  proper  orders,  and 
if  any  adult  person  shall  refuse  or  neglect  to  carry  out  any  of 
the  orders  of  the  said  board  in  that  behalf,  he  shall  be  guilty 
of- a  misdemeanor,  and  after  conviction  shall  be  punished  as 
hereinbefore  provided  in  Section  24  of  this  act.  Vaccine 
matter  shall  be  provided  at  the  cost  of  the  county,  municipal 
corporation,  board  of  education  or  school  trustees,  as  herein- 
before provided  for  other  expenses. 


CHAPTER   CXIX. 


An  Act  to  harmonize  and  strengthen  the  existing 
SCHOOL  EAws  AND  FOR  OTHER  PURPOSES,  Approved 
March  19,  1903. 


CONTENTS.  • 

Sec.  7.  Board  of  school  directors  to  let  contract.  School  officials 
prohibited  from  being  party  to  contract. 

Sec.  8.  Clerks  in  rural  districts,  principals  or  superintendents  of  city 
schools  to  make  report  to  county  superintendent. 

Sec.   9.     School  directors  to  furnish  itemized  accounts  with  vouchers. 

Sec.  11.  County  Superintendent,  when  to  be  at  county  seat.  To  ex- 
amine books  of  directors. 


186  COMPUTATION    OF   THE   SCHOOL   LAWS 

Sec.  12.  County  superintendents  may  reject  illegal  warrants  of  school 

directors. 

Sec.  13.  School  directors  failing  to  make  complete  census.     Penalty. 

Sec.  15.  Apportionment  of  school  funds. 

Sec.  16.  District  superintendents.     Term  of  office. 

Sec.  18.  Officials  of  educational  institutions  to  make  report. 

Sec.  20.  Legal  holidays  defined. 


Sec.  7. — Boards  of  School  Directors.  To  Let  Contracts.  Clerk 
of  Board  to  Report  to  the  County  Superintendents,  Cost 
of  Material  and  Labor.  School  Officials  Prohibited  From 
Being  Party  to  Contract. 

Boards  of  school  directors  when  letting  a  contract  for  pub- 
lic school  buildings  shall  require  of  the  contractor  a  good  and 
sufficient  bond  for  the  faithful  execution  of  said  contract.  And 
the  clerks  of  said  boards,  outside  of  incorporated  cities  or 
towns,  are  required  to  make  to  the  county  superintendent  from 
time  to  time,  as  the  superintendent  may  require,  an  itemized 
statement,  under  oath,  of  the  cost  of  labor  and  material  used 
and  work  done,  where  practicable,  and  apparatus  required  and 
used  for  conducting  and  furnishing  said  building;  and  school 
directors  of  the  latter  class  are  further  required  to  consult  with 
and  solicit  the  co-operation  of  county  superintendents  whenever 
it  becomes  necessary  to  purchase  furniture,  fixtures,  etc.,  for 
the  district  schools  and  the  directors  and  clerks  of  all  school 
boards  are  hereby  prohibited  from  acting  as  the  agent  for  any 
person  or  firm  engaged  in  the  selling  of  school  furniture,  ap- 
paratus, etc.,  or  to  receive  any  commission  attending  the  pur- 
chase of  such  furniture,  apparatus,  etc.,  for  the  use  in  their 
respective  districts ;  and  all  persons  identified  in  an  official 
capacity  with  the  public  schools  or  with  the  higher  educational 
institutions  supported  in  whole  or  in  part  by  the  public  funds 
of  this  territory  are  hereby  prohibited  from  being  a  party 
directly  or  indirectly  to  any  contract  for  which  public  money  is 
to  be  used  in  connection  with  the  operation  or  maintenance  of 
such  public  schools  or  higher  educational  institutions. 

Sec.  8. — Clerks  in  Rural  Districts,  Principals  or  Superintend- 
ents of  Tozmi  or  City  Schools  to  Make  Full  Report  to 
County  Superintendents.     Contents  of  Reports. 

The  clerks  of  the  several  rural  districts,  principals  or  su- 


OP    THE   TERRITORY    OF   NEW    MEXICO  187 

perintendents  of  town  or  city  schools,  shall,  between  the  first 
day  of  June  and  the  first  day  of  July  of  each  year,  make  a 
report  to  the  county  superintendent  in  writing,  showing  in 
detail  the  financial  condition  of  the  district,  the  amount  of 
money,  received,  and  from  what  source,  including  receipts  from 
poll  taxes,  etc.,  district  bonds  or  special  levies,  and  the  manner 
in  which  the  same  has  been  disbursed  during  the  previous 
year,  amount  expended  for  repairs  or  improvements  of  school 
houses  and  grounds,  whether  rented  or  owned  by  the  district, 
the  value  of  all  school  property,  amount  of  bonded  indebted- 
ness of  district,  status  of  interest  fund,  amounts  paid  for  rent, 
fuel,  etc.,  salaries  paid  teachers  for  the  preceding  year,  the 
number  and  sex  of  the  school  population,  and  amount  ex- 
pended for  books  for  indigent  children  under  Section  1555, 
Compiled  Laws  of  1897,  as  amended,  and  failure  to  properly 
prepare  and  forward  said  reports  shall  subject  such  clerk, 
principal  or  town  or  city  superintendents  to  prosecution  as 
provided  in  Section  1535,  Compiled  Laws  of  1897,  and  it  is 
hereby  made  the  duty  of  county  superintendents  to  file  infor- 
mation against  such  derelicts. 

Sec.  9. — School  Directors  to  furnish  Itemized  Accounts  With 

Vouchers. 

Superintendents  serving  in  districts  outside  of  incorporated 
towns  or  cities  are  hereby  required  to  accompany  all  vouchers 
or  warrants  presented  for  the  signature  of  the  county  superin- 
tendent with  itemized  statements  of  account,  and  the  county 
superintendent  shall  withhold  his  approval  of  all  bills  until 
such  statements  are  provided. 

• 
Sec.  11. — County  Superintendent.   When  to  he  at  County  Seat. 
To  Uxamine  Books  of  Directors. 

The  county  superintendent  is  hereby  required  to  be  in 
attendance  at  the  county  seat  on  the  first  Saturday  in  the 
months  of  August,  September,  and  October,  and  November  for 
the  transaction  of  official  business.  He  is  hereby  empowered 
to  examine  from  time  to  time  the  records  and.  account  books 
of  district  directors  outside  of  incorporated  cities  and  towns, 
and  see  to  it  that  the  same  are  properly  kept,  and  it  is  hereby 
made*  obligatory  upon  all  such  directors  to  meet  at  their  accus- 
tomed place  within  the  district  at  least  once -every  thirty  days 
during  the  school  term  for  the  transaction  of  public  business. 


188  COMPILATION    OF    THE:    SCHOOL    LAWS 

Sec.  12. — County  Superintendent  May  Reject  Warrants 
Illegally  Issued  by  School  Directors. 

The  county  superintendent  shall  investigate  the  legality  of 
all  accounts  as  to  whether  the  same  have  been  legally  incurred 
and  allowed  before  the  fixing  of  his  signature  thereto,  and  he 
may  reject  any  warrant  issued  by  district  school  directors 
whenever  he  may  deem  such  warrant  to  have  been  illegally 
issued. 

Sec.  13. — School  Directors  Failing  to  Make  Complete  Census. 

Penalty. 

County  superintendents  are  hereby  empowered  to  remove 
from  office  any  school  director,  in  districts  outside  of  incor- 
porated towns  and  cities,  who  shall  fail  or  refuse  to  make  and 
return  a  complete  census  of  the  school  population  within  his 
district  as  required  by  law,  and  such  person  so  removed  shall 
not  be  eligible  to  hold  said  office  for  a  period  of  two  years 
thereafter. 

Sec.  15. — Apportionment  of  School  Funds.     County  Superin- 
tendent to  Report  to  Probate  Clerk. 

County  superintendents  shall  quarterly,  and  within  ten 
days  after  receiving  notice  that  any  school  funds  are  at  their 
demand,  for  apportionment  to  the  several  districts,  properly 
make  said  apportionment  and  specifying  the  number  of  the 
district,  the  number  of  children  of  school  age  in  each  district 
and  the  amount  of  money  apportioned  thereto,  and  a  copy  of 
this  apportionment  report  shall  be  filed  within  ten  days  there- 
after in  the  office  of  the  probate  clerk  of  the  county,  and  he 
shall  also  supply  a  duplicate  copy  thereof  to  any  new^spaper 
printed  within  the  county  which  will  give  publicity  to  the  same 
free  of  charge  as  a  matter  of  general  information. 

Sec.  16. — District  Superintendents.    Terms  of  Office.    Duties. 

District  superintendents  in  districts  consisting  of  incor- 
porated cities  or  towns  shall  be  employed  for  a  term  of  not  to 
exceed  two  years,  and  their  duties  other  than  now  specified  by 
law  may  be  defined  by  the  board  of  directors  of  such  incor- 
porated city  or  town. 

Sec.   18. — Officials  of  Higher  Educational  Institutions.  ^  Re- 
port to  be  Made.     Contents. 
In  addition  to  the  duties  now  required  by  law  of  the  gov- 


OF    THE    TERRITORY    OF    NEW     MEXICO  .     189 

erning  authorities  of  the  higher  educational  institutions,  they 
are  hereby  required  to  make  dupHcate  copies  of  reports,  under 
date  of  June  30th  of  each  year,  furnished  by  them  to  the  terri- 
torial executive  for  use  in  his  annual  report  to  the  secretary 
of  the  interior,  and  a  copy  of  said  report  shall  be  filed  in  the 
office-  of  the  superintendent  of  public  instruction ;  such  report 
shall  show  the  date  of  establishment,  general  status  and  pro- 
gress of  such  institution  during  the  year;  its  physical  equip- 
ment, course  of  study,  number  of  pupils  enrolled  and  the  num- 
ber enrolled  who  are  not  actual  bona  fide  residents  of  the 
territory,  the  number  of  graduates  for  the  preceding  year  and 
the  total  number  of  graduates  to  date,  the  financial  condition, 
character  and  value  of  improvements  during  the  year,  value  of 
all  property,  receipts  from  all  sources,  disbursements,  and  such 
other  information  as  the  superintendent  of  public  instruction 
may  require  for  incorporation  in  his  annual  report  to  the 
governor  of  the  territory. 

Sec.  20. — Legal  Holidays  Deiined.     Proviso. 

In  addition  to  the  legal  holidays  designated  by  law,  viz: 
"July  fourth,  December  twenty-fifth,  and  January  first,  and 
all  days  designated  by  proclamation  of  the  governor  as  fast 
days  or  thanksgiving  days,"  February  twelfth  (Lincoln's 
birthday)  and  February  twenty-second  (Washington's  birth- 
day) may  hereafter  be  observed  by  the  public  schools  as  legal 
holidays;  and,  provided,  any  teacher  or  teachers  in  the  rural 
districts  and  village  schools  shall  have  arranged  beforehand 
a  program  of  exercises  by  the  pupils  appropriate  for  the  occa- 
sion for  the  preceding  day,  the  directors  of  such  district  shall 
not  deduct  any  moneys  from  teachers'  salary  because  of  their 
absence  from  active  school  duty  on  such  holiday. 


190  COMPILATION    OF  THE  SCHOOL  LAWS 

CHAPTER  XXIII. 


An  Act  to  provide  eor  the  compensation  oe  an  enumer- 
ator oE  persons  oe  school  age  in  the  several  dis- 
tricts  OE  THE  TERRITORY  OF   NEW    MEXICO.      H.   B.   No. 

23 ;  Approved  March  2,  1905.      ^ 


CONTENTS. 

Sec.   1.      School    directors    to    make    enumeration    of  school    children. 

Duty  of  clerk. 
Sec.   2.     Punishment  for  false  enumeration. 


Sec.  1. — School  Directors  to  Make  Enumeration  of  Persons 
Within  School  Age.    Duty  of  Clerk. 

That  the  directors  of  schools  in  the  several  school  districts 
in  the  territory  shall,  on  or  before  the  first  day  of  September 
of  each  year  make  an  enumeration  of  all  unmarried  persons 
between  five  and  twenty-one  years  of  age,  giving  the  names, 
ages,  and  sexes  of  such  persons  in  full,  and  shall  report  the 
same  in  writing,  which  enumeration  list  shall  be  signed  by  all 
the  directors,  to  the  county  superintendent  within  fifteen  days 
thereafter.  •  It  shall  be  the  duty  of  the  clerk  of  said  school 
directors  to  correctly  enumerate  or  cause  to  be  enumerated  all 
unmarried  persons  of  the  respective  school  districts  as  specified 
herein.  For  said  enumeration  he  shall  be  paid  from  any  funds 
in  the  hands  of  said  directors  the  sum  of  one  dollar  and  fifty 
cents  for  each  one  hundred  names  or  fraction  thereof,  thus 
enumerated. 

Sec.  2. — Punishment  for  False  Bnmneration. 

Any  enumerator  acting  for  the  directors  of  schools  of  any 
district  who  shall  wilfully  place  fictitious  names,  or  names  of 
persons,  not  actually  residing  in  said  district,  upon  the  official 
enumeration  list,  shall  be  declared  guilty  of  a  misdemeanor 
and  on  conviction  thereof,  before  any  court  of  competent  juris- 
idction,  he  shall  be  punished  by  a  fine  of  not  less  than  ten  nor 
more  than  fifty  dollars,  which  fine  shall,  when  paid,  be  placed 
in  the  school  fund  of  said  school  district. 

Sec.  3.  All  acts  and  parts  of  acts  in  conflict  herewith  are 
hereby  repealed,  and  this  act  shall  take  effect  and  be  in  force 
thirty  days  from  and  after  its  passage. 


OF  The  territory  oe  new  mexico  191 

CHAPTER   XLVIII. 


An  Act  providing  i^or  a  compulsory  elag  law  eor  the 
territory  oe  new  MEXICO.  C.  B.  No.  79;  Approved 
March  10.  1905. 


CONTENTS. 

Sec.   1.     Directors  and  boards  of  education  to  procure  flags  for  public 

schools. 
Sec.   2.     U.  S.  flags  to  be  displaj^ed  upon  public  buildings. 
Sec.   3.      Flag  day. 


Sec.  1. — Directors  and  Boards  of  Bducation  to  Procure  United 
States  flags  for  Public  Schools. 

The  boards  of  school  directors  of  the  various  school  dis- 
tricts and  the  boards  of  education  of  the  cities  and  towns  of 
this  territory  shall  procure  at  the  expense  of  their  respective 
districts,  towns  or  cities,  for  every  public  school  not  now  pro- 
vided therewith,  a  United  States  flag  not  less  than  five  feet 
long ;  together  with  the  flag-staff,  and  the  necessary  appliances 
therefor;  and  thereafter  whenever  the  flag,  flagstaff  or  the 
necessary  appliances  therefor  of  any  such  school  shall  from  any 
cause  become  unsuitable  for  further  use,  such  school  boards 
of  directors  or  boards  of  education  shall  in  the  same  manner 
purchase  others  in  place  thereof. 

Sec.  2. — United  States  Flags  to  be  Displayed  Upon  Public 
School  Buildings. 

The  school  directors  or  boards  of  education  in  the  various 
districts,  cities  and  towns  in  the  territory  shall  cause  the 
United  States  flag  to  be  displayed  upon  the  public  school 
buildings  or  premises  therein  during  school  hours  if  in  their 
best  judgment  it  be  practicable,  otherwise  at  such  times  as  they 
may  direct,  and  such  boards  of  school  directors  or  boards  of 
education  shall  also  establish  rules  and  regulations  for  the 
proper  care,  custody  and  display  of  the  flag ;  and  when,  for  any 
cause  it  is  not  displayed  it  shall  be  placed  conspicuously  in  the 
principal  room  of  the  school  building. 

,  Sec.  3. — Lincoln  Day. 

The  twelfth   day  of  February,   in   each   and  every  year 


192  COMPUTATION    OF   THE   SCHOOI^   LAWS 

hereafter,  is  hereby  estabHshed  in  the  annual  school  calendar 
to  be  known  as  Lincoln  day,  in  honor  of  the  birthday  of  Abra- 
ham Lincoln,  and  shall  be  observed  with  patriotic  exercises  in 
the  public  schools,  but  such  day  shall  in  no  wise  be  construed 
to  be  a  holiday.  It  is  also  provided  that  when  such  day  shall 
fall  on  Sunday  or  on  Saturday,  the  following  or  preceding 
days  respectively,  as  the  case  may  be,  shall  be  observed. 


CHAPTER   LX. 


An  Act  to  regulate  the  classification  of  counties  and 
fixing   the   salaries   of    certain    county    officials 

THEREOF. 


Sec.  L  Whenever  any  county  of  this  territory  shall 
remit  to  the  territorial  treasurer,  thirty-five  thousand  dollars, 
or  over,  during  any  one  year,  the  same  being  the  proceeds  of 
the  collection  from  the  territorial  levy  for  the  year  in  question, 
such  county  shall  be  deeemd  a  county  of  class  "A".  Over 
twenty-seven  thousand  and  under  thirty-five  thousand  dollars, 
a  county  of  class  "B".  Over  twenty  thousand  and  under 
twenty-seven  thousand  a  county  of  class  *'C."  Over  fifteen 
thousand  and  under  twenty  thousand  dollars  a  county  of  class 
"D".  And  under  fifteen  thousand  dollars  a  county  of  class 
"E".  The  collections  herein  given  are  based  upon  a  levy  of 
fifteen  and  one-half  mills. 

Sec.  5.  The  county  school  superintendents  of  the  several 
counties  of  this  territory  shall  receive  the  following  com- 
pensation : 

In  counties  of  Class  "A" $1,500.00  per  annum 

In  counties  of  Class  "B" LOOO.OO  per  amium 

In  counties  of  Class  "C" 900.00  per  annum 

In  counties  of  Class  "D" 600.00  per  annum 

In  counties  of  Class  "E" .      400.00  per  annum 


OF"    TH^    territory    of  JSTEW    MEXICO  193 

CHAPTER    LXXII. 


An  Act  Entitled  an  act  to  aid  territorial  institutions 
TO  Erect  buildngs  and  other  permanent  improve- 
ments.    C.  B.  No.  78;  Approved  March  14,  1905. 


CONTENTS. 

Sec.   1.  .  Territorial  institutions  authorized  to  spend  funds  derived  from 

sale  and  lease  of  lands. 
Sec.   2.     Boards  of  control  to  make  report  of  expenditures. 


Sec.  1. — Territorial  Institutions  Anthorised  to  Expend  Funds 
Derived  From  Sale  and  Lease  of  Lands. 

The  New  Mexico  College  of  Agriculture  and  Mechanic 
Ants  and  all  other  territorial  educational  and  charitable  insti- 
tutions in  New  Mexico,  are  hereby  authorized  to  expend  the 
funds  derived  from  the  sale  and  lease  of  their  lands,  or  so 
much  thereof  as  may  be  necessary  w4iich  have  been  or  may 
hereafter  be  placed  to  the  credit  of  the  respective  institutions, 
for  buildings,  equipment  and  other  permanent  improvements. 

Sec.  2. — Boards  of  Control  to  Make  Report  of  B.vpenditures, 

The  boards  of  regents  or  other  boards  of  control  of  said 
institutions  are  hereby  authorized  to  expend  said  moneys  as 
herein  provided  for  said  purposes  and  said  boards  shall  make 
a  full  and  complete  report  of  the  expenditures  which  they  may 
make  under  the  provisions  of  this  act,  giving  amount  and  pur- 
pose for  which  expended,  to  the  governor  of  the  Territory  of 
New  Mexico. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 


194  COMPUTATION    OF    THE    SCHOOI^   I.AWS 

V 

CHAPTER   LXXIV. 


An  Act  to  validate  and  legalize  indebtedness  hereto- 
fore INCURRED  BY  BOARDS  OF  EDUCATION  AND  BOARDS  OF 
SCHOOL  DIRECTORS  IN  EXCESS  OF  THE  CURRENT  INCOME 
OF  SUCH   BOARDS,  AND  TO  AUTHORIZE  THE  ISSUE  OF  BONDS 

TO  PAY  SUCH  INDEBTEDNESS.     C.  B.  No.  118;  Approved 
March  14,  1905. 


CONTENTS. 

Sec.  1.  Debts  contracted  by  school  boards  made  binding. 
Sec.  2.  School  boards  issue  bonds  covering  indebtedness. 
Sec.   3.     Denomination    of   bonds.      Rate    of   interest.      Maturity,    how 

signed. 
Sec.   4.     County   commissioners   to   levy  tax  to  pay  interest  on   bonds. 

Redemption. 


Sec'.   1. — Debts  Contracted  by  School  Boards  Made  Binding. 

All  debts  heretofore  contracted  by  boards  of  education  or 
boards  of  school  directors  for  the  purpose  of  paying  the  actual 
and  necessary  expenses  of  maintaining  the  schools  are  hereby 
validated  and  made  binding. 

Sec.  2. — School  Boards  to  Issue  Bonds  Covering  Indebtedness. 

It  shall  be  the  duty  of  all  such  boards  on  or  before  August 
1,  1905,  to  ascertain  the  amount  of  their  respective  indebted- 
ness, and  upon  due  proof  of  the  same  to  issue  coupon  .bonds  to 
each  holder  of  a  claim  in  an  amount  sufficient  to  cover  such 
claim,  and  to  deliver  such  bonds  to  their  respective  creditors 
in  exchange  for  other  evidences  of  indebtedness. 

Sec,  3. — Denomination  of  Bonds.   Rate  of  Interest.   Maturity. 

How  Signed. 

Such  bonds  shall  be  issued  in  denominations  of  one  hun- 
dred dollars  each,  shall  be  numbered  consecutively,  shall  bear 
interest  at  the  rate  of  six  per  cent,  per  annum,  interest  payable 
semi-annually  on  the  first  day  of  January  and  July  of  each 
year,  shall  mature  at  the  option  of  the  board  issuing  the  same 
in  ten  years  after  the  date  thereof  and  shall  be  absolutely  due 
and  payable  in  twenty  years  after  the  date  thereof,  and  shall 


OF   THE   TERRITORY   OE    NEW    MEXICO  195 

be  issued  and  delivered  not  later  than  January  1,  1905,  and 
shall  be  signed  by  the  chairman  of  the  board,  issuing  the  same, 
and  shall  be  countersigned  by  the  secretary  or  clerk  thereof. 

Sec.  4. — County  Commissioners  to  Levy  Tax  to  Pay  Interest 
on  Bonds.     Redemption. 

Boards  of  education  and  boards  of  school  directors  issuing 
bonds  under  this  act  shall  notify  the  boards  of  county  com- 
missioners on  or  before  the  first  Monday  of  May  in  each  year 
of  the  amount  required  to  pay  the  interest  on  such  bonds,  and 
the  county  commissioners  shall,  at  the  time  of  making  the  levy 
for  other  taxes  levy  a  tax  sufficient  to  pay  the  annual  interest 
on  such  bonds ;  and  after  the  expiration  of  ten  years  from  the 
date  of  issuing  said  bonds,  the  board  of  county  commissioners 
shall  annually  levy  a  tax  sufficient  to  produce  a  sum  equal  to 
not  less  than  ten  nor  more  than  twenty  per  cent,  of  the  total 
amount  of  such  bonded  indebtedness,  and  said  bonds  shall  be 
redeemed  from  time  to  time  as  the  moneys  come  into  the 
hands  of  the  treasurers  of  said  boards  issuing  the  same  for 
that  purpose  Provided,  That  the  levy  herein  provided  for  to 
pay  interest  on  such  bonds  and  to  create  a  sinking  fund  for  the 
redemption  thereof  shall  be  made  only  on  property  within  the 
district  issuing  such  bonds. 

Sec.  5.  This  act  shall  take  effect  and  be  in  force  from 
and  after  the  expiration  of  thirty  days  after  its  passage  and 
approval,  and  all  acts  and  parts  of  acts  in  conflict  herewith  are 
hereby  repealed. 


196  COMPILATION    OF    THE    SCHOOL    LAWS 


Session  Laws  of  1907. 


CHAPTER    LXIV. 


An  Act  to  prohibit  gambling  in  the  territory  oe  new 
MEXICO.    C.  B.  No.  48;  Approved  March  21,  1907. 


CONTENTS. 

Sec.  1.  Unlawful  to  conduct  gambling  houses,  etc.,  in  Territory. 

Sec.  2.  Penalties  for  violation. 

Sec.  3.  Duties  of  district  attorney  and  others. 

Sec.  4.  Provisions  as  to  disposition  of  funds. 

Sec.  5.  Repeal  section. 

Sec.  6.  When   effective. 


Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of 
Nezv  Mexico:  ' 

Section  1.  It  shall  hereafter  be  unlawful  to  run  or  operate 
any  banking  games  of  chance  such  as  faro,  monte,  passfaro, 
passmonte,  twenty-one,  roulette,  chuck-a-luck,  hazard,  fan  tan, 
poker,  stud  poker,  red  and  black,  high  and  low,  craps  or  any 
other  banking  game  or  games  of  chance  played  with  dice  or 
cards  by  whatsoever  name  known,  in  the  Territory  of  New 
Mexico. 

Sec.  2.  Any  person  who  is  the  owner  or  possessor  of  the 
games  mentioned  in  Section  1,  or  any  person  engaged  in 
operating  any  such  games,  or  who  is  in  actual  possession  and 
control  as  lessee  or  otherwise  of  the  premises  upon  which 
games  are  run  or  operated,  shall  be  guilty  of  a  misdemeanor 
and  upon  conviction  thereof,  shall  be  punished  by  a  fine  of 
not  less  than  one  hundred  ($100.00)  dollars  or  more  than  five 
hundred  ($500.00)  dollars,  and  shall  be  imprisoned  in  the 
■  county  jail  for  not  less  than  six  months. 

Sec.  3.  It  shall  be  the  duty  of  all  district  attorneys  to 
report  any  and  all  violations  of  this  law  to  the  grand  jury  and 


OF    THE    TERRITORY    OE    NEW    MEXICO  197 

it  shall  be  the  duty  of  the  grand  jury  to  investigate  for  them- 
selves and  cause  indictments  to  be  brought  against  any 
violator  of  any  of  the  foregoing  ofifenses  mentioned  in  Section 
1,  of  this  act,  whether  in  operation  at  the  time  of  investiga- 
.tion  or  at  any  other  time  after  the  passage  of  this  act  and 
within  three  years  from  the  date  of  the  commission  of  the 
offense. 

Sec.  4.  The  fines  assessed  and  collected  under  the  pro- 
visions of  this  act  shall  go  to  the  benefit  of  the  school  fund  of 
the  school  district,  town  or  city,  in  which  such  offense  is 
committed;  except  in  towns  or  cities  of  over  one  thousand 
inhabitants  in  which  case  one-half  of  all  fines  shall  go  to  the 
town  or  city. 

Sec.  5.  All  laws  and  parts  of  laws  authorizing  the  licens- 
ing of  gambling  in  the  Territory  of  New  Mexico  and  all  laws 
and  parts  of  laws  in  conflict  herewith  are  repealed. 

Sec.  6.  This  act  shall  take  effect  and  be  in  full  force 
from  and  after  January  1,  1908. 


CHAPTER    XCVI.      LAWS    OF    1907. 


An  Act  entitled  an  act,  to  facilitate  the  collection  oe 
poll  and  road  taxes,  by  requiring  the  employer  oe 

PERSONS     LIABLE     THEREEOR    TO     PAY     SUCH     TAXES,     AND 
DEDUCT     THE     AMOUNT     THEREOF     FROM     THE     WAGES     OF 

SUCH  EMPLOYES.     C.  B.  No.   113;  Approved  March  21, 
1907. 


CONTENTS. 

Sec.   1.      Employers  to  furnish  lists,  etc. 
Sec.   2.      Penalties  for  violation  of  this  act. 
Sec.   3.     When  act  takes  effect. 


Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of 
Neiv  Mexico: 

Section   1.     That  any  person,  firm  or  corporation,  having 
in  his,  theirs,  or  its  employ  any  male  person  or  persons  re- 


198  COMPILATION    OF   THE   SCHOOL   LAWS 

quired  by  law,  to  pay  a  poll  tax,  or  to  do  public  work, 
shall  on  demand  of  the  clerk  of  the  school  board  of  any  school 
district,  wherein  such  employes  may  reside  and  are  required 
by  law  to  pay  a  poll  tax,  furnish  to  him  a  list  of  the  names  of 
all  employes  residing  in  such  school  district,  liable  by  law  to 
pay  a  poll  tax;  and  on  demand  of  the  road  overseer  of  any 
precinct,  shall  likewise  furnish  to  him  a  list  of  all  employes 
residing  in  such  precinct  who  are  required  by  law  to  work  on 
the  public  roads  therein ;  and  if  the  clerk  of  any  school  district 
or  road  overseer,  shall  find  on  such  list  so  furnished  to  him 
as  by  this  act  provided,  the  name  or  names  of  any  person  or 
persons  who  have  not  paid  his  poll  tax  or  work  on  the  public 
roads  or  paid  a  road  tax  in  lieu  of  such  work  as  required  by 
law,  such  clerk  and  road  overseer  respectively  shall  give  to 
such  employer  the  names  of  all  employes  found  by  him  on  the 
list  furnished  as  herein  provided,  together  with  the  state- 
ment of  the  amount  of  poll  tax  or  road  tax,  as  the  case  may 
be,  each  employe  is  due  and  owing  and  thereupon,  every 
such  employer  shall  pay  to  such  clerk  or  road  overseer  as 
the  case  may  be,  the  amount  due  and  payable  from  each 
employe,  taking  from  the  officer  collecting  the  said  poll  tax 
or  road  tax,  a  separate  receipt  for  the  tax  of  each  employe 
so  paid,  which  receipts  shall  be  and  become  a  complete  and 
counter  claim  and  set  off  to  the  amount  of  their  full  face 
value  in  discharge  of  any  obligation  or  any  manner  of  in- 
debtedness existing  at  the  time,  or  which  may  at  any  time 
thereafter  exist  and  be  owing  to  any  such  employe  by  the 
employer  paying  the  same. 

Sec.  2.  Any  employer  who  shall  refuse  to  furnish  the 
lists  of  employes  or  pay  the  poll  or  road  tax  as  provided  in  the 
preceding  section  shall  be  guilty  of  a  misdemeanor  and  on 
conviction  thereof  before  any  justice  of  the  peace  having 
jurisdiction  shall  be  punished  by  fine  of  not  less  than  twenty- 
five  dollars  ($25.00)  nor  more  than  one  hundred  dollars 
($100.00)  and  the  costs  of  the  prosecution,  which  fines  when 
collected  shall  be  turned  into  the  school  fund  of  the  school 
district  the  clerk  of  which  made  the  demand  for  the  lists  and 
payment  of  poll  tax  in  poll  tax  cases,  and  into  the  road  fund 
of  the  proper  precinct  where  the  demand  for  the  lists  and 
payment  on  road  tax  is  made  by  the  road  overseer  and  refused 
by  the  defendant  being  prosecuted  under  the  provisions  of 
this  act. 

Sec.  3. "  This  act  shall  take  effect  and  be  in  force  from 


OF  THE  TERRITORY   OE   NEW    MEXICO  199 

and  after  May  1,  1907;  Provided,  however,  Nothing  in  this 
act  contained  shall  be  construed  to  repeal  or  change  any  of  the 
Laws  of  this  Territory  now  in  force  with  reference  to  the 
collection  of  poll  tax  or  public  road  tax  or  work. 


CHAPTER   XCVII. 


An  Act  to  revise  and  to  systematize  the  schooe  eaws 
of  the  territory  of  new  mexico  and  for  other 
PURPOSES.  H.  S.  H.  B.  No.  107;  Approved  March  21, 
1907. 


I  CONTENTS. 

Sec.   1.     Territorial    Board    of    Education — Organization    and    compen- 
sation. 

General  powers. 
County  teachers'  certificates. 
Territorial   teachers'   certificates. 
Temporary  permits  to  teach. 
Teachers'  institutes.     Proviso. 
Revoking  certificates. 
Legally  qualified  teacher. 
Text  books. 

Territorial    Superintendent    of    Public    Instruction — Appoint- 
ment, term,  salary,  oath. 

General    powers    and    duties. 

Visit  rural  schools,  traveling  expenses. 

Blanks,  school  law,  Lincoln  day  program. 

Annual  report. 

Secretary  of  territorial  board  of  education. 

Assistant   superintendent's  salary. 

Location  of  office — official  acts  certified. 

County   superintendents,   election,    qualification.    • 

Oath  and  bond. 

Powers  and  duties.     Proviso. 

Salary  and   office  expenses. 

Creation  and  alteration  of  school  districts. 

Location  of  school  districts — boundary  lines. 

Statistical  reports. 

Levy  for  school  purposes. 

Teachers  wages. 

Violating   School    Laws. 


Sec. 

2. 

Sec. 

3. 

Sec. 

4. 

Sec. 

5. 

Sec. 

6. 

Sec. 

7. 

Sec. 

8. 

Sec. 

9. 

Sec. 

10. 

Sec. 

me 
11. 

Sec. 

12. 

Sec. 

13. 

Sec. 

14. 

Sec. 

15. 

Sec. 

16. 

Sec. 

17. 

Sec. 

18. 

Sec. 

19. 

Sec. 

20. 

Sec. 

21. 

Sec. 

22. 

Sec. 

23. 

Sec. 

24. 

Sec. 

25. 

Sec. 

26. 

Sec. 

26. 

200  COMPILATION    OF    THE    SCHOOL    LAWS 

Sec.  27.  Property    presented    to    educational    institutions    or    common 

schools. 

Sec.  28.  School  lands  to  be  leased. 

Sec.  29.  Tuition. 

Sec.  30.  Laws  repealed. 

Sec.  31.  Immediate  effect. 


Territorial  Board  of  Education. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of 
Nezv  Mexico: 

Section  1.  Organization  and  Compensation. — There  shall 
be  a  Territorial  Board  of  Education  which  will  consist  of  nine 
members :  The  Governor,  the  Superintendent  of  Public  In- 
struction, and  seven  members  to  be  appointed  by  the  Governor 
for  the  term  of  five  years  each ;  five  of  saM  seven  appointed 
members  to  be  selected  from  among  the  heads  of  the  Territorial 
educational  institutions,  the  president  of  St.  Michael's  College 
at  Santa  Fe,  and  the  superintendents  of  schools  in  the  four 
cities  of  the  Territory  ranking  highest  in  population  at  the  time 
of  the  appointment ;  and  two  of  said  seven  to  be  citizens  inter- 
ested in  public  education  who  are  not  professional  teachers,  at 
least  one  of  whom  shall  be  at  the  time  of  his  appointment  a 
county  superintendent  of  schools,  these  latter  to  be  appointed 
during  March,  1909.  At  the  expiration  of  the  term  of  office 
of  a  member  as  this  board  is  now  organized  under  existing 
laws,  the  governor  shall  appoint  his  successor  for  a  term  of 
five  years,  and  from  among  those  persons  who  are  made  eligible 
by  this  act.  The  board  shall  meet  at  the  office  of  the  superin- 
tendent of  public  instruction  four  times  a  year,  at  such  times  as 
it  may  elect,  and  such  other  times  upon  the  call  of  the  gov- 
ernor or  a  majority  of  its  members,  as  the  public  business  may 
require.  The  governor  shall  be  president  of  said  board,  but 
in  his  absence  the  board  may  elect  a  presiding  officer  pro 
tempore. 

The  members  of  the  board  of  education  shall  receive  ten 
(10c)  cents  per  mile  for  attending  each  meeting  of  the  said 
board,  counting  one  way  from  their  place  of  residence  to  its 
place  of  meeting,  and  two  and  one-half  ($2.50)  dollars  a  day 
for  each  session  thereof.  This  mileage  and  per  diem  shall 
be  paid  to  the  members  of  said  board  of  education  by  the 
territorial  treasurer  upon  the  order  of  the  territorial  auditor 


OF    THE    TERRITORY    OF    NEW    MEXICO  201 

out  of  the  funds  arising  from  the  rental  of  the  common  school 
lands  of  the  Territory. 

Sec.  2.  General  Powers. — The  territorial  board  of  edu- 
cation shall  have  power  to  grant,  renew  and  revoke  teachers' 
certificates,  to  adopt  a  series  of  text  books  and  a  uniform 
course  of  study  for  the  various  public  schools  of  the  Terri- 
tory, to  exercise  a  general  control  over  teachers'  institutes, 
and  to  perform  such  other  duties  pertaining  to  matters  of 
education  as  may  hereinafter  be  provided  by  law. 

Sec.  3.  County  Teachers'  Certificates. — The  Territorial 
board  of  education  is  hereby  empowered  to  issue  three  grades 
of  county  teachers'  certificates,  to  be  known  as  first  grade, 
second  grade  and  third  grades  respectively.  The  certificates 
shall  be  issued  by  said  board  of  education  upon  examination 
in  such  subjects  as  it  may  elect,  or  upon  the  applicants'  pre- 
senting grades  in  the  subjects  as  required  by  said  board 
from  any  of  the  educational  institutions  of  the  territory. 
The  said  examination  shall  be  held  at  such  times,  at  such 
places,  and  in  such  manner  as  said  board  deems  most  ex- 
pedient. The  examination  for  county  teachers'  certificates 
shall  be  conducted  by  the  county  superintendent  under  such 
rules  and  regulations  as  such  board  of  education  may  pre- 
scribe. Upon  the  close  of  the  examination  the  county 
superintendent  shall  forward  the  papers  of  the  applicants  to 
the  superintendent  of  public  instruction,  who  shall  grade  them, 
or  cause  them  to  be  graded.  The  superintendent  of 
public  instruction  is  hereby  authorized  to  employ  such  person 
or  persons  to  assist  him  in  grading  the  papers  of  applicants 
as  he  may  judge  competent.  To  pay  the  service  of  such  person 
or  persons  eight  hundred  ($800.00)  dollars  is  hereby 
set  aside  annually,  or  so  much  thereof  as  is  necessary,  out  of 
the  funds  arising  from  the  rental  of  common  school  lands  of 
the  Territory.  The  territorial  auditor  shall  pay  such  persons 
for  their  services  upon  presenting  receipted  bills  approved 
by  the  superintendent  of  public  instruction.  Holders  of 
county  certificates  shall  be  entitled  to  teach  in  any  school 
district,  independent  district,  incorporated  town,  city  or  vil- 
lage of  the  territory.  A  third  grade  certificate  entitles  the 
holder  thereof  to  teach  for  one  year,  second  grade  two  years, 
and  first  grade  three  years,  respectively.  All  certificates 
shall  be  void  at  the  expiration  of  the  term  for  which 
they  were  issued.  The  county  superintendents  are  hereby 
authorized  to  renew  first  grade  county  teachers'  certificates 
once  only  without  a  formal  examination :    Provided,  Evidence 


202  COMPILATION    OF   THE   SCHOOL   LAWS 

is  shown  of  successful  experience  in  teaching  and  faithful 
attendance  to  duty;  Provided^  further,  That  no  such  renewal 
shall  be  made  by  the  county  superintendent  without  the 
consent  of  the  superintendent  of  public  instruction.  Boards 
of  education  of  incorporated  cities  may  issue  teachers'  certi- 
ficates for  such  period  of  time  and  under  such  regulations  as 
they  may  prescribe,  but  such  certificates  shall  be  valid  only 
in  the  city  whose  board  issues  them. 

Sec.  4.  Territorial  Teachers'  Certificates. — The  terri- 
torial board  of  education  is  hereby  authorized  to  issue  terri- 
torial teachers'  professional  certificates  to  persons  whom  it 
may  deem  qualified  by  reason  of  moral  character,  academic 
scholarship,  knowledge  of  the  theory  and  art  of  teaching  and 
actual  practice  in  teaching.  Holders  of  the  certificates  who 
possess  a  certificate  of  attendance  upon  some  county  normal 
institute  or  summer  school  as  herein  provided  by  law,  shall  be 
entitled,  without  further  examination,  to  teach  in  any  of  the 
public  schools  of  New  Mexico  for  the  period  of  time  desig- 
nated  therein^ 

The  territorial  board  of  education  is  hereby  empowered  to 
officially  endorse  teachers'  certificates  granted  in  States  and 
other  Territories,  under  such  rules  as  it  may  prescribe;  and 
to  grant  certificates  of  the  first,  second  and  third  grade  to  per- 
sons who  have  completed  specified  courses,  approved  by  the 
territorial  board  of  education,  in  New  Mexico  territorial 
educational  institutions  or  other  schools  designated  by  said 
board;  Provided,  That  upon  graduation  from  St.  Michael's 
College,  locate'd  at  Santa  Fe,  the  holder  of  a  diploma  from  the 
full  course  of  study  given  by  said  institution  shall  be  entitled 
to  a  county  first  grade  certificate,  which  shall  be  recognized 
in  all  counties  of  the  territory  as  a  legal  certificate  for  the 
period  of  time  designated  therein. 

Sec.  5.  Temporary  Permits  to  Teach. — The  superintend- 
ent of  public  instruction  is  hereby  authorized  to  issue,  pend- 
ing the  regular  examination  of  teachers'  permits  to  teach  in 
the  public  schools  of  the  territory,  to  persons  whose  creden- 
tials as  to  ability  and  experience  in  teaching  properly  certi- 
fied to  are  deemed  sufficient  to  meet  the  requirements  of  the 
law,  and  such  temporary  permits  shall  expire  upon  the  first 
day  of  the  next  succeeding  examination  of  teachers.  County 
school  superintendents  shall  have  like  authority  in  their  re- 
spective counties,  and  certificates  so  issued  by  county  school 
superintendents  shall  be  good  only  in  the  county  where  issued, 
and  shall  not  be  issued  twice  in  succession  to  the  same  per- 


OF   THE   TERRITORY   OE   NEW    MEXICO  203 

son,  and  shall  expire  at  the  next  examination  of  teachers  in 
the  said  county. 

Sec.  6.  Teachers'  Institute. — The  county  superintend- 
ents of  public  schools  3hould  hold  annually  in  their  respective 
counties,  for  a  term  of  not  less  than  two  weeks,  a  teachers' 
institute  for  the  instruction  of  teachers  and  those  desiring 
to  teach.  The  county  superintendents  of  the  public  schools 
with  the  advice  and  consent  of  the  territorial  superintendent 
of  public  instruction,  shall  determine  the  time  and  place  of 
holding  such  institutes,  and  shall  select  conductors  and  in- 
structors for  the  same,  and  provide  for  the  compensation 
thereof.  No  person  shall  be  selected  or  shall  serve  as  a  con- 
ductor or  instructor  who  does  not  hold  a  certificate  from 
the  territorial  board  of  education  authorizing  him  or  her  to  do 
so.  It  shall  be  compulsory  upon  all  persons  who  expect  to 
teach  in  any  school  district,  independent  district  or  incor- 
porated town,  city  or  village,  to  attend  at  least  two  weeks  of 
the  county  institute  or  to  show  a  certificate  of  attendance  upon 
some  county  institute  or  summer  school  approved  by  the  super- 
intendent of  public  instruction  held  within  the  year.  Teachers 
who  hold  a  third  grade  county  certificate  or  permit  to  teach, 
and  who  have  taught  at  least  three  months  of  school  during  the 
twelve  months  previous  to  the  time  of  holding  any  county  in- 
stitute, may,  upon  attendance  upon  a  county  institute  for  a 
full  term  of  four  weeks  receive  the  sum  of  fifteen  dollars 
($15.00)  from  the  treasurer  of  the  Territory,  upon  the  order 
of  the  Territorial  Auditor  of  the  funds  arising  from  the  rental 
or  sale  of  the  common  school  lands  of  the  Territory,  upon  pre- 
senting to  the  Territorial  Auditor  a  certificate  from  the  county 
school  superintendent  of  the  county  in  which  the  institute  is 
held,  and  signed  by  the  institute  conductor  and  the  Territorial 
Superintendent  of  Public  Instruction,  certifying  that  said 
teacher  had  complied  with  the  provisions  of  this  act;  and  such 
teachers  are  also  exempt  from  the  institute  fees  otherwise  re- 
quired. The  territorial  board  of  education  is  hereby  forbidden 
to  issue  a  certificate  to  any  person  who  refuses  to  comply  with 
the  provision  of  this  act ;  Provided,  Any  person  or  persons,  who 
fail  to  so  attend  by  reason  of  sickness  or  good  and  sufficient 
excuse  rendered  to  the  county  superintendent  and  approved  by 
him  and  by  the  superintendent  of  public  instruction,  may  be 
excused  from  such  attendance.  Provided,  further.  The  ter- 
ritorial board  of  gducation  is  hereby  empowered  to  excuse  such 
persons  from  attending  the  county  teachers'  institute  as  in 
its  judgment  it  deems  eminently  qualified  to  teach  by  reason 


204  COMPUTATION    01^    THE    SCHOOI.    I.AWS 

of  their  professional  scholarship  and  training,  and  that 
nothing  herein  contained  shall  make  it  compulsory  for  cities 
which  engage  a  city  superintendent  of  schools  who  gives  at 
least  half  of  his  time  to  direct  supervision  to  hold  such  in- 
stitutes. 

The  territorial  board  of  education  is  hereby  empowered  to 
issue'  a  course  of  study  for  teachers'  institutes.  Authority 
.is  hereby  conferred  upon  the  superintendent  of  public 
instruction  to  authorize  the  county  superintendent  in  any 
county  wherein  the  conditions  are  such  as  to  make  it  expedient 
to  do  so,  to  hold  joint  county  teachers'  institutes  at  such 
place  as  may  be  most  convenient  to  all  parties  concerned, 
and  when  such  power  is  delegated  to  a  county  superintendent, 
the  expense  of  any  such  institute  shall  be  divided  equitably 
by  the  county  superintendents,  subject  to  the  approval  of  the  ter- 
ritorial superintendent  of  public  instruction,  among  the  counties 
participating  therein. 

For  the  purpose  of  meeting  the  expenses  of  the  county 
teachers'  institutes,  county  treasurers  of  class  "A"  shall  set 
apart  annually  from  the  general  school  funds  of  their 
respective  counties  not  less  than  one  hundred  ($100.00)  dol- 
lars ;  in  counties  of  class  "B"  not  less  than  seventy-five  ($75.00) 
dollars  for  such  purpose;  in  counties  of  classes  "C,"  "D"  and 
"E"  not  less  than  fifty  ($50.00)  dollars  for  such  purpose: 
Provided,  That  in  counties  where  an  institute  is  held  for  a  full 
term  of  four  weeks  the  county  treasurer  shall  set  aside  at  least 
fifty  ($50.00)  more  than  that  already  provided  for  institute 
purposes.  At  each  session  of  the  teachers'  institute  the  county 
superintendent  upon  the  advice  and  consent  of  the  ter- 
ritorial superintendent  of  public  instruction  shall  collect  from 
each  person  in  attendance  a  fee  of  not  less  than  one  ($1.00) 
dollar  and  not  more  than  three  ($3.00)  dollars.  The  money 
thus  collected  and  set  apart  shall  be  known  as  the  "County 
Teachers'  Institute  Fund,"  and  the  county  treasurer  shall  be 
its  custodian,  but  he  shall  not  receive  any  of  it  for  his  services 
in  receiving  or  as  such  custodian.  All  disbursements  of  the 
Teachers'  Institute  Fund,"  shall  be  upon  the  order  of  the  county 
superintendent,  countersigned  by  the  superintendent  of  pub- 
lic instruction,  and  no  order  shall  be  drawn  on  said  fund,  ex- 
cept for  services  rendered  and  expenses  actually  incurred  in 
connection  with  the  teachers'  institute.  But  the  legitimate  ex- 
penses incidental  to  conducting  examinatioji  ordered  by  the 
Territorial  Board  of  Education  shall  be  considered  as  expenses 
incurred  in  connection  with  the  teachers'  institute;  Provided, 


OF   THE   TERRITORY   OE    NEW    MEXICO  205 

That  the  Territorial  Board  of  Education  shall  have  the  power 
to  waive  the  holding  of  any  county  normal  institute  in  counties 
where  authorized  ^summer  schools  are  held  and  in  counties  ad- 
'jacent  thereto. 

Sec.  7.  Revoking  Certificates. — The  territorial  board  of 
education  is  hereby  empowered  to  revoke  certificates  of  con- 
ductors and  instructors  of  teachers'  institutes,  territorial 
teachers'  professional  certificates,  county  teachers'  certificates, 
and  city  teachers'  certificates  issued  by  boards  of  education, 
for  incompetency,  immorality  of  the  holder,  or  for  any  cause 
that  should  have  withheld  the  issue  of  such  certificate: 
Provided,  That  in  each  case  the  accused  shall  be  allowed  a  full 
and  fair  hearing  at  which  he  may  be  privileged  to  employ  the 
services  of  counsel. 

Sec.  8.  Legally  Qualified  Teacher. — A  legally  qualified 
teacher  to  teach  in  any  school  district,  incorporated  town,  city, 
village,  or  independent  district,  shall  be  one  who  has  been  cer- 
tificated as  prescribed  in  this  act,  and  who  possesses  a  certi- 
ficate of  attendance  upon  some  county  teachers'  institute, 
or  summer  school,  approved  by  the  territorial  superintend- 
ent of  public  instruction,  held  within  twelve  months,  or  has 
an  approved  excuse  for  non-attendance;  or  one  who  holds 
a  legal  permit  to  teach  in  this  territory.  Any  county  super- 
intendent, member  of  a  board  of  school  directors,  member  of 
a  board  of  education,  county  treasurer,  or  other  persons,  who 
shall  directly  or  indirectly  cause  the  public  school  funds  to  be 
paid  for  teachers'  services  to  any  other  person  than  a  legally 
qualified  teacher  under  the  provisions  of  this  act,  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in 
the  sum  of  not  less  than  one  hundred  ($100.00)  dollars  nor 
more  than  five  hundred  ($500.00)  dollars  for  each  and  every 
offense,  and  roay  be  removed  from  office  in  the  manner  pro- 
vided by  law. 

Sec.  9.  Text  Books. — The  territorial  board  of  education 
shall  have,  and  is  hereby  vested  with  full  power  to  adopt  a 
system  of  school  books  for  the  use  of  the  public  schools  of 
the  Territory,  and  only  the  school  books  so  adopted  by  said 
board  shall  be  used  in  any  of  the  first  eight  grades  of  the 
public  schools  of  this  Territory.  The  board  of  education 
shall  have  power  to  contract  vv^ith  the  publisher  or  publishers 
of  text  books  adopted  for  use  in  the  public  schools  of  New 
Mexico,  in  the  name  of  the  Territory  and  through  the  super- 
intendent of  public  instruction  for  the  purchase  and  delivery 
of  said  books  under  such  regulations  as  the  board  may  adopt. 


206  COMPILATION    OF   THE   SCHOOI^   I.AWS 

Text  books  once  adopted  shall  not  be  changed  for  four 
years  and  the  first  contract  under  this  act  shall  not  be  entered 
into  between  the  publishers  and  the  Territory  later  than  June 
15,  1907.  ' 

If  the  Territorial  board  of  education  shall  violate  the  pro- 
hibition in  this  section  contained  against  changing  within  a 
period  of  four  years  text  books  adopted  by  such  board,  or  if 
such  territorial  board  of  education,  the  superintendent  of  pub- 
lic instruction,  any  county  superintendent,  or  any  board  of 
school  directors,  or  board  of  education  in  this  territory  shall 
knowingly  permit,  in  any  of  the  first  eight  grades  of  the  public 
schools  of  this  Territory,  the  use  of  any  text  book  or  books 
other  than  such  as  are  adopted  by  the  territorial  board  of 
education,  upon  conviction  thereof,  the  person  or  persons  con- 
victed shall  be  punished  by  a  fine  of  not  less  than  ten  ($10.00) 
dollars  nor  more  than  one  hundred  ($100.00)  dollars; 
Provided,  That  nothing  herein  contained  shall  prevent  the  use 
of  text  books,  approved  by  the  territorial  board  of  education 
or  the  territorial  superintendent  of  public  instruction,  supple- 
mentary to  the  regularly  adopted  text  books. 

Territorial  Superintendent  of  Public  Instruction. 

Sec.  10.  Appointment,  Term,  Salary,  Oath. — At  the  ex- 
piration of  the  term  of  office  of  the  present  superintendent  of 
public  instruction  and  every  two  years  thereafter,  the  gov- 
ernor shall  appoint,  by  and  with  the  advice  and  the  consent  of 
the  council,  a  duly  qualified  person  as  superintendent  of  public 
instruction,  who  shall  hold  his  office  for  two  years  and  until 
his  successor  is  appointed  and  has  qualified.  Salary  of  said 
superintendent  shall  be  twenty-four  hundred  ($2,400.00)  dol- 
lars per  annum,  payable  monthly  on  the  warrant  of  the  auditor 
drawn  upon  the  territorial  treasurer.  Said  superintendent  of 
public  instruction  shall  before  entering  upon  the  duties  of 
his  office,  take  and  subscribe  to  the  oath  or  affirmation  as  pro- 
vided by  law,  which  oath  or  affirmation  shall  be  filed  in  the 
office  of  the  Secretary  of  the  Territory. 

Sec.  11.  General  Powers  and  Duties. — The  superintend- 
ent of  public  instruction  shall  have  general  supervision  of 
public  education,  and  it  shall  be  his  duty  to  visit  the  terri- 
torial institutions  and  to  meet  with  governing  boards  of 
said  institutions  at  least  once  in  each  year.  He  shall 
have  supervision  over  rural  schools,  acting  through  the  county 
superintendents  who  shall  be  responsible  to  the  superintendent 


oif  the;  territory  of  new  mexico  207 

of  public  instruction  for  faithful  performance  of  their  duty. 
He  shall  have  such  general  supervision  over  city,  town,  and 
village  schools  as  shall  be  necessary  in  harmonizing  and  sys- 
tematizing reports,  and  in  securing  uniform  operation  of  the 
public  school  system.  He  is  hereby  vested  with  general  super- 
vision over  the  official  records  and  accounts  of  any  school 
district,  independent  district,  or  those  of  any  incorporated  city, 
town  or  village,  and  may  require  correction  thereof,  when  nec- 
essary, personally,  or  he  may  delegate  this  power  to  the  county 
superintendent.  He  may  suspend  the  county  superintendent 
and  institute,  or  cause  to  be  instituted,  proceedings  in  a  court 
of  competent  jurisdiction  for  the  purpose  of  bringing  about 
the  removal  of  said  county  superintendent  in  the  manner  pre-, 
scribed  by  law.  when  he  shall  be  satisfied  from  sufficient  evi- 
dence submitted  to  him  that  said  county  superintendent  does 
not  possess  the  qualifications  required  or  perform  his  duties  as 
prescribed  by  the  territorial  board  of  education. 

The  superintendent  of  public  instruction  shall,  at  the  re- 
quest of  any  county  school  superintendent  or  other  school  offi- 
cer, give  his  opinion  upon  a  written  statement  of  the  facts  on 
any  question  or  controversy  arising  out  of  the  interpretation 
and  construction  of  school  laws  and  shall  keep  a  record  of  all 
such  decisions. 

Upon  giving  any  such  opinion  the  superintendent  may  sub- 
mit the  statement  of  facts  to  the  attorney  general  for  his  advise 
thereon.  It  shall  be  the  duty  of  the  attorney  general  forthwith, 
to  examine  such  statement  and  suggest  the  proper  decision  to 
be  made  upon  such  facts. 

Sec.  12.  Visit  Rural  Schools,  Traveling  Expenses. — It 
shall  be  the  duty  of  the  territorial  superintendent  of  public  in- 
struction to  visit  each  county,  as  often  as  consistent  with  the 
discharge  of  his  other  duties,  for  the  purpose  of  holding 
teachers'  meetings,  advising  with  county  superintendents  and 
school  directors,  and  awakening  an  interest  in  the  cause  of 
education  throughout  the  Territory.  To  this  end  an  annual 
appropriation  of  seven  hundred"  ($700.00)  dollars,  or  such  a 
part  thereof  as  may  be  required,  is  hereby  made  for  traveling 
expenses,  payable  on  presentation  of  certified  vouchers  and 
warrants  drawn  by  the  auditor  upon  the  territorial  treasurer. 
Such  traveling  expenses  may  be  incurred  by  the  assistant  su- 
perintendent when  acting  under  the  direction  of  the  superin- 
tendent of  public  instruction.  Said  superintendent  shall  file 
and  carefully  preserve  in  his  office  the  official  reports  made  to 
him  by  the  county  superintendents    of   the    several    counties, 


208  COMPILATION    OF    THE    SCHOOL    LAWS 

heads  of  the  territorial  educational  institutions,  and  by 
trustees  and  directors  of  all  schools  of  whatever  nature  within 
the  Territory. 

Sec.  13.  Blanks,  School  Law,  Lincoln  Day  Program. — 
Said  superintendenft  shall  prescribe  and  cause  to  be  prepared  in 
English  and  Spanish  all  forms  and  blanks  necessary  in  carry- 
ing out  the  details  of  the  common  school  system,  so  as  to 
secure  its  uniform  operation  throughout  the  Territory,  and 
cause  the  same  to  be  forwarded  to  the  several  county  superin- 
tendents to  be  by  them  distributed  to  the  several  persons  en- 
titled to  receive  the  same.  He  shall  cause  to  be  published,  as 
needed,  as  many  copies  of  the  school  laws  in  force,  with  such 
forms,  decisions,  annotations,  regulations,  and  instructions 
as  he  may  judge  expedient  thereto  annexed,  and  shall  cause 
the  same  to  be  forwarded  to  the  county  superintendents  for 
distribution.  It  shall  be  the  duty  of  the  superintendent  of 
public  instruction  to  prepare  a  program  of  patriotic  exercises  for 
the  proper  observance  of  Lincoln  Day,  and  to  furnish  printed 
copies  of  the  same  to  the  school  directors  and  boards  of  educa- 
tion of  various  districts,  cities,  towns  and  villages,  at  least  four 
weeks  previous  to  the  twelfth  day  of  February  in  each  year ;  he 
shall  also  prepare  for  the  use  of  the  school  a  printed  program 
providing  for  a  uniform  salute  to  the  flag. 

Sec.  14.  Annual  Report. — The  territorial  superintendent 
shall  prepare  and  cause  to  be  published  annually  a  report  of 
all  the  common  schools,  academies,  normal  schools,  colleges, 
private  and  sectarian  schools  in  the  Territory,  which  report 
shall  indicate  the  number  and  sex  of  all  persons  enrolled  in 
the  several  schools ;  the  value  of  the  school  property,  and  such 
other  facts  as  he  may  deem  expedient;  the  same  to  be  drawn 
from  the  reports  of  the  county  superintendents  and  from  the 
reports  of  school  boards,  boards  of  regents,  and  boards  of 
trustees  of  the  several  institutions. 

Sec.  15.  Secretary  of  the  Territorial  Board  of  Educa- 
tion.— The  territorial  superintendent  of  public  instruction  shall 
be  secretary  of  the  territorial  board  of  education  and  shall  keep 
faithful  and  correct  records  of  its  proceedings,  which  records 
shall  be  kept  open  at  all  times  for  inspection.  A  copy  of  said 
record,  certified  by  the  secretary  of  the  board  shall  in  all  cases 
be  received  as  evidence  in  the  courts  of,  or  elsewhere  in.  New 
Mexico. 

Sec.  16.  ^Assistant  Superintendent,  Salary.— The  superin- 
tendent of  public  instruction  is  hereby  empowered  to  appoint 
an  assistant  superintendent  of  public  instruction,  who  shall  be 


OF    TH^    territory    of    new    MEXICO  209 

thoroughly  conversant  with  the  Spanish  and  lingHsh  languages 
and  to  revoke  such  appointment  at  his  discretion,  and  such-  as- 
sistant shall  take  the  oath  of  office  as  provided  by  law,  which, 
with  his  appointment,  shall  be  filed  with  the  secretary  of  the 
territory.  Said  assistant  shall  receive  a  salary  not  to  exceed 
fifteen  hundred  ($1,500.00)  dollars  per  annum,  payable  in  like 
manner  as  provided  for  the  payment  of  the  salary  of  the  super- 
intendent of  public  instruction. 

Sec.  17.  Location  of  Office — Official  Acts  Certified. — 
The  office  of  the  superintendent  of  public  instruction  shall  be  at 
the  seat  of  government  where  shall  be  kept  all  books  and  papers 
pertaining  to  the  business  of  his  office,  and  copies  of  all  papers 
filed.  His  official  acts  shall  be  certified  by  him,  and  when  so 
certified  to  shall  be  received  in  the  courts  of,  or  elsewhere  in. 
New  Mexico,  as  evidence  equally  and  in  like  manner  as  the 
original  papers,  and  he  shall  deliver  to  his  successor  within  ten 
days  after  the  expiration  of  his  term,  all  books,  papers,  doc 
uments,  and  other  property  belonging  to  his  office. 

Sec.  18.  County  Superintendent,  Election.  Qualified 
tions. — A  county  superintendent  of  schools  for  each  county 
shall  be  elected  at  each  general  election,  and  shall  enter  upon 
the  duties  of  his  office  on  the  first  of  January  following  his 
election.  Said  county  superintendent  shall  hold  office  for  two 
years,  or  until  his  successor  shall  have  been  duly  elected  and 
has  qualified,  unless  sooner  removed  for  cause. 

From  and  after  the  date  of  passage  of  this  act,  no  person 
shall  be  eligible  to  the  office  of  county  superintendent  of 
schools  who  is  not  a  person  of  culture  and  practical  experience 
and  learning  in  those  branches  of  education  taught  in  public 
schools,  as  provided  by  law,  and  a  person  of  good  moral  char- 
acter, such  qualifications  to  be  passed  upon  and  approved  by  the 
Territorial  Board  of  Education :  Provided,  This  section  shall 
not  take  effect  until  January  1,  1909. 

Any  person  or  persons  who  shall  directly  or  indirectly 
cause  any  portion  of  the  public  school  fund  to  be  paid  to  any 
person  for  services  as  county  superintendent  of  schools  who 
shall  not  have  filed  with  the  county  treasurer  a  certified 
statement  of  the  qualifications  hereinbefore  mentioned  shall 
be  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall 
be  fined  in  the  sum  of  not  less  than  one  hundred  ($100.00) 
dollars  nor  more  than  five  hundred  ($500.00)  dollars  for  each 
and  every  offense,  and  may  be  removed  from  office  as  provided 
by  law. 

In  case  no  person  having  the  qualifications  as  herein  pro- 


210  COMPILATION    OF    THE    SCHOQL    LAWS 

vided  for  county  superintendent  shall  be  elected  in  any 
county,  then  upon  the  nomination  of  the  territorial  board  of 
education,  the  board  of  county  commissioners  of  said  county 
shall  appoint  as  county  superintendent  a  person  having  such 
qualifications,  who  shall  fill  the  office  until  a  properly  quali- 
fied persons  shall  have  been  elected  by  the  people  of  the  county, 
or  until  a  successor  shall  have  been  appointed  and  has  duly 
qualified. 

Sec.  19.  Oath  and  Bond. — Each  County  Superintendent 
shall,  before  entering  upon  the  discharge  of  the  duties  of  his 
office,  take  and  subscribe  to  the  oath  or  affirmation  as  provided 
by  law,  which  oath  or  affirmation  shall  be  filed  in  tjie  office  of 
the  probate  clerk.  Within  thirty  days  after  receiving  his  certi- 
ficate of  election  or  appointment  as  herein  provided,  he  shall 
give  a  bond  in  the  sum  of  two  thousand  ($2,000.00)  dollars 
to  be  approved  by  and  filed  with  the  board  of  county  commis- 
sioners of  his  county. 

Sec.  20.  Powers  and  Duties. — Subject  to  the  supervision 
and  direction  of  the  superintendent  of  public  instruction,  the 
county  superintendent  of  schools  shall  have  jurisdiction  over 
all  public  schools  within  his  county,  except  those  in  cities, 
and  such  schools,  including  city  schools,  shall  make  such  re- 
ports to  the  county  superintendent  and  to  the  superintendent 
of  public  instruction  as  may  be  required  by  the  territorial  board 
of  education.  Each  county  superintendent  shall  visit  each 
school  within  his  county  as  often  as  the  territorial  board  of 
education  may  prescribe.  He  shall  supervise  the  methods  of 
instruction  employed  in  the  various  schools;  consult  with  the 
school  directors  concerning  the  improvement  of  their  schools 
and  the  keeping  of  their  accounts;  enforce  compliance  with 
the  school  laws ;  organize,  disorganize,  or  change  the 
boundaries  of  any  school  district,  as  hereinafter  provided  in 
this  act;  hold  teachers'  meetings  for  the  advancement  of  the 
school  interests  of  his  county,  and  perform  such  other  duties 
as  are  now  provided  by  law  for  county  superintendents  and 
such  as  the  territorial  board  of  education  may  prescribe.  He 
shall' also  on  the  third  Monday  in  January,  April,  July  and 
October  of  each  year,  or  as  soon  thereafter  as  he  shall  receive 
the  certificate  of  the  territorial  superintendent  of  public  in- 
struction signifying  the  amount  appropriated  to  each  county 
for  the  use  of  the  common  schools  of  the  current  year,  appor- 
tion such  amount,  together  with  the  county  school  fund  for 
the  same  purpose,  to  the  several  districts  within  his  county, 
in  proportion  to  the  number  of  school  children  residing  in 


OF  THE   TERRITORY   OF   NEW    MEXICO  211 

each  over  five  and  under  twenty-one  years  of  age,  as  the  same 
shall  appear  from  the  last  annual  reports  of  the  clerks  of  the 
respective  school  districts,  and  he  shall  immediately  certify 
such  apportionment  to  the  directors  of  the  respective  school 
districts,  and  to  the  county  treasurer  of  his  county,  who  shall 
credit  the,  several  school  districts  on  his  books  with  the  re- 
spective sums  apportioned  to  them  :  Provided,  That  the  county 
school  superintendent  is  hereby  authorized  to  leave  in  the  county 
school  fund  a  sul^cient  amount  to  meet  such  warrants  as  may 
be  legally  drawn  against  this  fund  as  elsewhere  provided  by  law. 

Sec.  21.  Salary  and  Office  Expenses. — From  and  after 
the  first  of  January,  1909,  the  county  superintendents  of 
the  several  counties  of  this  Territory  shall  receive  the  following 
annual  compensation,  payable  from  the  general  school  fund  of 
the  county,  in  monthly  installments  on  warrants  of  the  probate 
clerk,  drawn  on  the  county  treasurer : 

In  counties  of  ten  school  rooms  or  less,  under  the  jurisdic- 
tion of  the  county  superintendent,  as  provided  in  this  act. 
used  for  general  school  purposes  at  least  three  months  in  the 

year    $  300.00 

In  counties  of  eleven  to  sixteen  rooms,  as  aforesaid .  .  600.00 
In   counties   of  seventeen   to   twenty-five   rooms,    as 

aforesaid    ' 800.00 

In  counties  of  twenty-six  to  thirty-three  rooms,  as 

aforesaid 1000.00 

In   counties   of   thirty-four   to    forty-two    rooms,    as 

aforesaid    ., 1200.00 

In  counties  of  forty-three  rooms,  or  more,  as  afore; 

said  and  in  all  counties  of  the  first  class  determined 

by  the  latest  report  of  the  Territorial  traveling 

auditor 1500.00 

Provided,  however.  That  the  salaries  as  fixed  by  this  Sec- 
tion shall  not  in  any  event  exceed  one-third  of  the  total  amount 
of  money  collected  in  any  county  from  the  tax  levy  for  general 
school  purposes  in  any  years;  Provided,  This  Section  shall 
not  take  effect  until  January  1st,  1909. 

Said  county  superintendents  shall  be  entitled  to  office 
expenses  covering  stationery,  postage,  printing,  etc.,  which  for 
any  one  year  shall  not  exceed  four  per  cent  of  their  respective 
salaries.  These  expenses  shall  be  allowed  quarterly  by  the 
board  of  county  commissioners,  on  presentation  of  itemized 
and  certified  bills. 

The  territorial  superintendent  of  public  instruction  shall 


212  COMPILATION    OF    THE    SCHOOL    LAWS 

classify  all  counties  of  the  Territory  on  the  basis  provided  in 
this  Section,  on  or  before  the  first  day  of  January,  1909,  and 
each  year  thereafter,  and  within  ten  days  shall  certify  the 
same  to  the  board  of  county  commissioners  of  each  county. 

Sec.  22.  Creation  and  Alteration  of  School  Districts. — 
Whenever  it  is  desired  that  a  new  school  district  shall  be 
formed,  a  petition  and  statement  of  facts  signed  by  a  majority 
of  .legal  electors  residing  within  the  proposed  district  shall  be 
presented  to  the  county  superintendent  of  schools.  Said  peti- 
tion and  statement  shall  contain  such  description  of  the  boun- 
daries of  said  proposed  district  as  will  be  sufficient  to  definitely 
locate  it ;  it  shall  also  contain  the  names  and  ages  of  all  persons 
of  school  age  who  are  actually  residents  of  the  proposed 
district. 

Whenever  a  new  district  has  been  created,  at  the  next  regu- 
lar apportionment,  the  county  superintendent  shall  apportion 
to  it  its  share  of  the  school  fund  as  provided  by  law. 

No  school  district  shall  hereafter  be  created  or  divided 
unless  there  be  at  least  twenty-five  (25)  children  of  school 
age  in  the  new  district  and  at  least  twenty-five  (25)  children 
of  school  age  remaining  in  the  district  or  each  of  the  districts 
from  which  such  district  is  taken;  Provided,  hozvever,  That  a 
board  of  school  directors  may  maintain  more  than  one  school 
in  its  district  for  the  better  accommodation  of  the  patrons  of 
said  district. 

Upon  the  receipt  of  such  petition  and  statement  by  the 
county  superintendent,  he  shall  create  such  new  district, 
shall  assign  to  it  a  number  or  other  proper  designation,  ap- 
point three  persons  as  a  board  of  directors,  who  shall  serve 
until  the  time  of  the  next  regular  election  for  directors,  at 
which  time  a  board  shall  be  elected  in  accordance  with  the 
provisions  of  Chapter  55,  Laws  of  1901 ;  Provided,  That  the 
territory  of  a  school  district  shall  not  be  so  reduced  as  to  make 
its  bonded  indebtedness  exceed  four  (4%)  per  cent,  of  its 
assessed  valuation. 

After  paying  all  indebtedness  of  the  old  district  that  is 
chargeable  to  the  common  school  fund,  if  any  balance  remains 
the  county  superintendent  shall  divide  the  said  balance 
between  the  old  district  and  the  new  in  proportion  to  the  num- 
ber of  children  of  school  age  in  each.  All  other  resources 
such  as  school  houses,  proceeds  from  sale  of  bonds,  also  all 
similar  indebtedness  shall  be  divided  between  the  old  district 
and  the  new  in  proportion  to  the  taxable  property,  according 
to  the  assessed  value  in  each.     In  making  such  adjustment, 


OF    THE    TERRITORY    OF    NFW    MEXICO  213 

the  superintendent,  in  co-operation  with  the  board  of  county 
commissioners,  of  the  county  in  which  such  districts  are 
situated,  is  hereby  authorized  to  use  such  plans,  or  means,  as 
will  best  subserve  the  mutual  interests  of  the  two  districts 
and  their  decisions  shall  be  final,  subject  to  the  right  of  appeal 
to  the  courts. 

The  county  superintendent  shall  consolidate  school  dis- 
tricts on  the  presentation  of  separate  petitions  signed  by  the 
majority  of  electors  residing  in  the  respective  districts 
affected ;  he  shall  also  attach  a  territory  to  a  district  by  change 
of  boundary  lines  on  the  presentation  of  separate  petitions 
signed  by  the  majority  of  the  electors  residing  in  the  respective 
territories  affected;  which  petitions  shall  be  prepared  and  sub- 
mitted as  hereinbefore  described. 

Whenever  the  number  of  persons  of  school  age  within  a 
school  district  has  been  reduced  below  15  from  causes  over 
which  the  county  superintendent  does  not  have  control  and 
these  conditions  seem  likely  to  remain  permanent,  said  super- 
intendent is  empowered  to  disorganize  such  district  and  attach 
the  territory  to  the  school  district  or  districts  adjacent  thereto. 
Provided,  If  said  district  at  the  time  of  disorganization  is  liable 
for  bond  issue  or  interest  thereon,  the  board  of  county  com- 
missioners is  hereby  authorized  and  required  to  make  levy  and 
order  collections  thereof  on  the  property  of  said  disorganized 
district  for  the  purpose  of  meeting  the  payment  of  said  bonds 
and  interest  in  a  manner  as  provided  for  such  purpose  in  the 
case  of  a  regular  school  district. 

Appeal  may  be '  made  from  the  decision  of  the  county 
superintendent  concerning  the  organization,  disorganization, 
or  change  of  boundary  lines  of  a  school  district,  to  the  board  of 
county  commissioners  of  the  county  in  which  the  school  district 
is  located,  and  the  decision  of  said  board  shall  be  final. 
"  Sec.  23.  Location  of  School  District — Boundary  Lines. — 
The  boundary  lines  and  corner  of  all  school  districts  shall  be 
accurately  located  by  the  county  surveyor  of  each  county  at 
the  request  of  the  superintendent,  who  shall  prepare  a  map 
showing  the  districts  as  contemplated  in  Section  1545, 
Compiled  Law  of  1897.  The  expense  of  such  proceedings 
shall  be  charged  to  the  county  wherein  the  school  district,  is 
situated  and  be  allowed  by  the  board  of  county  commissioners 
at  the  discretion  of  said  board  not  to  exceed  fifty  ($50.00)  dol- 
lars a  school  district. 

Sec.  24.  Statistical  Reports. — The  scholastic  year  for  all 
schools  and  educational  institutions  of  whatever  nature  in  the 


214  COMPILATION    OF   THE   SCHOOIv   I.AWS 

Territory  of  JNew  Mexico  snail  end  June  fifteen  of  each  year. 
Within  ten  days  after  such  date,  the  school  directors  of  school 
districts,  and  the  secretaries  or  clerks  of  the  boards  of  educa- 
tion of  town,  village  and  city  schools,  located  within  each 
county  shall  file  statistical  reports  with  the  county  superin- 
tendent, containing  such  items  of  information  as  are  required 
by  law.  On  or  before  July  fifteen  of  each  year  the  county 
superintendents  and  the  heads  of  the  various  educational  insti- 
tutions shall  make  their  annual  statistical  reports  to  the  super- 
intendent of  public  instruction,  and  thirty  days  thereafter  the 
superintendent  of  public  instruction  shall  make  his  annual  re- 
port to  the  governor  of  the  Territory. 

Sec.  25.  Levy  for  School  Purposes  (As  amended.  Laws 
1909). — The  school  directors  of  each  school  district,  and  boards 
of  education  of  cities,  towns  and  villages,  shall  have  power  and 
are  hereby  required  to  provide,  by  purchase  or  lease,  suitable 
school  houses,  to  keep  in  repair  and  provide  said  school  houses 
with  necessary  furniture  and  fuel,  to  pay  teachers'  wages  and 
interest  on  school  bonds,  and  for  the  redemption  thereof,  and  to 
defray  all  other  contingent  expenses  connected  with  the  proper 
conduct  of  the  schools  of  the  district.  To  provide  the  necessary 
funds  for  such  purposes,  it  shall  be  their  duty  to  make  an 
estimate  for  a  tax  levy  on  the  taxable  property  of  the  district, 
on  or  before  the  first  Monday  of  May  of  each  year,  and  for  the 
purposes  hereinbefore  named,  they  are  empowered  to  levy  a 
tax  not  to  exceed  five  (5)  mills  on  the  dollar  in  any  one  year  on 
the  taxable  property  of  their  respective  school  districts,  which 
levy  shall  be  certified  to  the  board  of  county  commissioners  and 
when  approved.by  such  board  of  county  commissioners  or  when 
fixed  by  said  board  in  the  event  of  disapproval,  shall  then  be 
collected  by  due  process  of  law  as  other  taxes  are  collected  and 
accounted  for.  For  the  purposes  hereinbefore  mentioned,  the 
school  directors  of  each  district,  and  boards  of  education  in 
cities,  towns,  and  villages,  are  further  empowered  to  levy  a 
tax  of  more  than  five  ( 5 )  mills  and  not  to  ,exceed  fifteen  (15) 
mills:  Provided,  That  the  tax  required  above  five  (5)  mills 
shall  be  voted  upon  by  the  qualified  voters  of  said  district, 
except  in  cities,  at  a  regularly  called  election  for  that  purpose, 
and  if  concurred  in  by  a  majority  of  the  votes  cast  at  said 
election  the  levy  shall  be  certified  to  the  board  of  county 
commissioners,  and  if  such  commissioners  decide  the  election 
legal  this  tax  shall  then  be  collected  and  accounted  for  the  same 
as  other  taxes.  To  further  provide  the  necessary  funds  for  the 
conduct  of  the  public  schools  of  the  Territory,  the  territorial 


OF   THE   TERRITORY   OF   NEW    MEXICO  215 

auditor  shall  annually,  on  or  before  the  first  day  of  May  of 
each  year,  levy  a  tax  of  three  (3)  mills  on  the  dollar  upon  all 
taxable  property  of  the  territory  and  certify  the  same  to  the 
county  collectors  of  the  several  counties,  who  shall  collect  the 
same  as  other  taxes  are  collected.  The  school  fund  derived 
from  the  general  levy  of  three  (3)  mills  shall  be  paid  directly 
by  the  several  collectors  to  the  treasurers  of  their  respective 
counties  to  the  credit  of  the  County  School  Fund,  and  shall  be 
apportioned  as  required  by  Section  20,  of  this  act,  together 
with  all  County  School  Funds  by  the  county  superintendent  of 
schools :  Provided,  That  no  portion  of  the  money  derived 
from  said  three  (3)  mills  levy  as  hereinbefore  mentioned  shall 
be  apportioned  by  any  county  school  superintendent  to  any 
school  district  which  does  not  levy  a  special  tax  annually  of 
not  less  than  three  (3)  mills  on  each  dollar  of  the  taxable 
property  of  that  district  for  its  district  school  purposes  as  here- 
inbefore provided. 

Any  surplus  in  the  sinking  fund  of  any  school  district  may 
be  applied  by  the  directors  of  said  district  to  the  building  of 
additional  school  houses  or  to  the  enlargement  of  their  present 
school  buildings. 

All  property,  personal  and  real,  situated  in  each  school 
district,  not  otherwise  exempt  by  law,  shall  be  subject  to  the 
general  three  (3)  mills  levy  and  also  the  sinking  fund  bond 
levy  and  also  the  levy  authorized  by  the  school  directors  or 
boards  of  education  of  each  district  for  the  purpose  of  this  act 
and  no  further.  When  a  special  tax  is  levied  by  the  qualified 
voters  of  a  school  district  for  school  purposes,  the  same  shall 
remain  in  full  force  and  effect  until  the  district  votes  to  dis- 
continue said  levy. 

Sec.  26.  Teachers'  Wages. — From  and  after  September 
1,  1907,  the  maximum  salary  that  shall  be  paid  to  any  teacher 
employed  to  teach  in  the  public  schools  in  this  Territory 
holding  a  certificate  not  higher  than  a  third  grade  shall  be 
fifty  ($50.00)  dollars  per  month;  the  maximum  salary  that 
shall  be  paid  to  a  holder  of  a  certificate  not  higher  than  a 
second  grade  shall  be  seventy-five  ($75.00)  dollars  per  month; 
Provided,  That  permits  shall  in  no  case  be  classed  as  higher 
than  a  third  grade  certificate,  but  if  a  holder  of  a  permit  shall 
secure  a  regular  teachers'  certificate  during  the  term  for 
which  he  is  engaged,  the  salary  for  the  entire  term  may  be  fixed 
in  accordance  with  the  grade  of  said  certificate;  Provided, 
further,  That  a  teacher  employed  in  any  of  the  public  schools 
of  this  Territory  shall  be  entitled  to  full  pay  for  a  period  not 


216  COMPUTATION    OF    THE    SCHOOI,    I,AWS 

to  exceed  one  month  during  which  the  school  may  be  closed 
by  the  board  of  school  directors,  board  of  education,  or  board 
bf  health,  on  account  of  loss  by  fire,  danger  from  contagious 
disease,  or  other  similar  cause.  These  provisions  shall  apply 
to  the  public  schools  in  cities,  towns,  and  villages  as  well  a?  in 
rural  districts.  Any  school  director,  member  of  board  of  c:du- 
cation,  or  any  other  person  violating  the  terms  of  this  Section 
shall,  upon  conviction  in  a  court  of  competent  jurisdiction,  be 
fined  in  the  sum  not  less  than  ten  ($10.00)  dollars  nor  more 
than  one  hundred  ($100.00)  dollars,  or  imprisoned  for  a  term 
not  less  than  ten  days  nor  more  than  ninety  days,  and  may  be 
removed  from  office  by  proper  procedure. 

Sec.  27.  Property  Presented  to  Educational  Institutions 
or  Common  Schools. — In  case  any  person  or  persons  shall  will, 
bequeath,  or  in  any  other  way  donate  money  or  other  prop- 
erty for  the  benefit  of  any  kind  of  public  educational  institu- 
tion, school  district,  or  other  educational  interest,  it  shall  be- 
come the  duty  of  the  district  court  of  the  district  in  which  the 
beneficiary  of  such  benefaction  is  located  to  see  to  it  that  said 
benefaction  is  sacredly  conserved  and  administered  in  ac- 
cordance with  the  .terms  and  wishes  of  the  donor  or  donors ; 
Provided,  That  if  said  donor  or  donors  have  not  provided 
for  or  named  the  executors  of  their  wishes,  the  judge  of  said 
district  court  shall  appoint  three  proper  persons,  under  suffi- 
cient bond,  to  administer  the  same. 

Sec.  28.  School  Lands  to  be  Leased. — All  land  already 
granted,  or  that  shall  hereafter  be  granted,  to  the  Territory 
or  State  of  New  Mexico,  for  the  support  of  the  common 
schools  or  of  any  educational  institution,  shall  be  withdrawn 
from  the  market  and  shall  not  be  sold,  except  such  lands  as 
are  actually  needed  for  the  location  of  schools,  churches,  ceme- 
teries, right-of-way  for  railroads,  public  roads,  telegraph  and 
telephone  lines,  irrigation  ditches  and  reservoirs,  and  such  pub- 
lic necessities;  Provided,  That  this  shall  not  prevent  the  com- 
pletion of  any  contract  already  entered  into  for  the  sale  of  any 
of  the  aforesaid  lands. 

Sec.  29.  Tuition. — A  board  of  school  directors  or  board 
of  education  may  admit  non-resident  pupils  to  the  school  or 
schools  under  its  charge,  provided  school  accommodation  are 
sufficient  to  justify  the  same,  and  may  determine  the  rate  of 
tuition  for  such  pupils  and  collect  the  same,  which  tuition  shall 
not  be  greater  than  twenty  (20%)  per  cent,  more  than  the 
average  cost  per  capita  for  education  based  on  the  average 
number   of   pupils   belonging   to   the    school   throughout    the 


OF    THE    TERRITORY    OF    NEW    MEXICO  217 

previous  school  term.  When  non-resident  pupils,  their  parents 
or  guardians,  pay  a  school  tax  in  any  district,  such  pupils 
shall  be  admitted  to  the  school  of  such  district,  and  the  amount 
of  such  school  tax  shall  be  credited  on  their  tuition  in  a  sum 
not  to  exceed  the  amount  of  such  tuition,  and  they  shall  be  re- 
quired to  pay  tuition  only  for  the  difference  therein. 

Sec.  30.  Laws  Repealed. — The  following  Sections  of  the 
Revised  Statutes  of  New  Mexico  of  1897  are  hereby  repealed: 
1514,  1515,  1520,  1526,  1559,  1593,  1594,  1595,  1596,  1612, 
1613,  1614,  1615,  1616,  1625,  3659,  1537,  1534,  1544,  1558, 
1516,  1518,  1519,  1521,  1522,  1523,  1527,  1598,  1599,  1531, 
1554,  1524,  1525,  1543,  1546. 

That  portion  of  Section  1535  of  Compiled  Laws  of  1897 
from  the  beginning  to  and  including  the  word  "provided"  in 
the  sixteenth  (16)  line,  and  the  clause  beginning  "and  they 
shall"  in  line  twenty-two  (22)  to  and  including  "Section  one 
thousand  five  hundred  and  forty-three"  in  the  line  twenty-six 
(26)  ;  and  Sections  1,  2,  4,  and  6,  Chapter  27,  Session  Laws 
of  1901,  are  hereby  repealed.  Section  3  of  Chapter  27  Session 
Laws  of  1901  is  also  amended  by  taking  out  the  words  "or 
towns"  in  the  fourth  (4)  line  and  substituting  "ten  (10)  mills" 
for  "seven"  and  one-half  (/Yz)  mills"  in  the  ninth  (9)  line 
thereof.  Section  4,  Chapter  98,  Session  Laws  of  1901  is 
hereby  repealed. 

Session  laws  of  1903,  Chapter  23,  an  act  providing  for  the 
writing  and  publishing  of  the  history  of  New  Mexico;  Sec- 
tions 1,  3,  4,  5,  and  14,  Chapter  119,  "An  Act  to  harmonize 
and  strengthen  the  existing  school  laws  and  for  other  purposes" 
and  Chapter  120,  "An  Act  to  regulate  county  institutes"  are 
hereby  repealed. 

Section  18,  Chapter  80,  Session  Laws  of  1899;  Section  1, 
Chapter  21,  and  Section  12,  Chapter  90,  Session  Laws  of  1901 ; 
Section  10,  Chapter  108,  and  Section  1,  Chapter  74,  Chapter 
23,  Chapter  100,  Laws  of  1903;  Section  4,  Chapter  48,  Section 
5,  Chapter  60,  Laws  of  1905  are  hereby  repealed. 

Section  1532  (as  amended),  of  the  Revised  Statutes  1897 
is  hereby  amended  by  substituting  "March"  for  "May"  in  line 
twelve,  "April"  for  "June,"  in  line  fourteen,  "April"  for 
"June"  in  line^  twenty,  "May"  for  "July"  in  line  twenty-four, 
and  "May"  for  "July"  in  line  twenty-six. 

Section  2,  Chapter  55,  Laws  of  1901,  is  hereby  amended 
by  inserting  the  expression,  "except  in  case  of  election  to  fill 
vacancy  for  unexpired  term,"  after  the  word  "for"  in  line  two. 


218  COMPILATION    OF   THE   SCHOOL   LAWS 

and  by  substituting  "May"  for  "July"  in  line  four :  Provided, 
however.  That  the  term  of  office  of  school  director  elected 
for  1907  under  the  provisions  of  these  amended  acts  shall 
begin  on  the  first  Monday  in  July,  1907,  and  end  on  the  first 
Monday  in  May,  1908. 

Chapter  73,  "An  Act  to  authorize  the  territorial  board  of 
education  to  issue  certificates  to  normal  institute  conductors, 
to  harmonize  the  school  laws  of  1905,  and  for  other  purposes" 
is  hereby  repealed. 

Sec.  31.  Immediate  Effect. — All  acts  and  parts  of  acts 
in  conflict  with  this  act  are  hereby  repealed,  and  this  act  shall 
be  in  effect  from  and  after  its  passage. 


CHAPTER   CIV.     LAWS   OF    1907. 


Sec.  31.  All  money  paid  over  to  the  territorial  treasurer 
by  the  commissioner  of  public  lands,  derived  from  the  leasing 
of  School  section  16  and  36,  or  lands  selected  as  indemnity 
lands  in  lieu  thereof,  shall  be  credited  by  the  territorial  treas- 
urer to  the  Common  School  Fund,  and  on  or  before  the  first 
Monday  of  Marcli,  June,  September,  and  December  of  each 
year  it  shall  be  his  duty  to  make  a  complete  statement  of  all 
moneys  applicable  to  the  use  and  support  of  the  common 
schools  of  the  territory  and  deliver  the  same  duly  certified  to 
the  superintendent  of  public  instruction;  and  within  twenty 
days  thereafter  the  said  superintendent  shall  make  an  appor- 
tionment of  said  money  to  the  various  counties  according  to 
the  pro  rata  enumeration  of  school  children  in  each  county 
acording  to  the  latest  returns  from  the  county  superintendent 
of  schools,  and  shall  certify  the  aportionment  of  each  county 
to  the  territorial  treasurer  and  territorial  auditor,  and  to  the 
treasurer  and  superintendent  of  each  county,  and  the  terri- 
torial auditor  shall  draw  his  warrant  on  the  territorial  treas- 
urer in  favor  of  the  treasurer  of  each  county  for  the  amount 
apportioned  to  said  county,  and  said  money  shall  be  appor- 
tioned and  distributed  in  each  county  according  to  the  law 
governing  the  apportionment  and  distribution  of  other  school 
funds. 

Sec.  39.  Whenever  any  of  the  school  sections  or  other 
land  of  the  Territory  of  New  Mexico  shall  become  valuable  or 


OF   THE  TERRITORY   OE   NEW    MEXICO  219 

desirable  for  manufacturing,  or  for  townsite  purposes,  the 
commissioner  of  public  lands  may  in  his  discretion  cause  or 
permit  the  same  to  be  subdivided  into  suitable  tracts  or  sur- 
veyed into  lots  and  blocks  with  the  usual  reservation  for 
streets,  alleys  and  public  reservations  and  shall  cause  appraise- 
ments to  be  made  of  such  subdivisions  and  of  said  lots  and 
blocks  in  any  suitable  manner  and  shall  prescribe  rules  and 
regulations  not  inconsistent  with  the  provisions  of  this  act  and 
the  Act  of  Congress  under  and  by  virtue  of  which  title  thereto 
hath  heretofore  or  may  hereafter  vest  in  said  Territory  for 
the  use  and  occupancy  thereof  and  may,  in  his  discretion,  lease 
or  sell  said  lots,  blocks  and  subdivisions  thereunder  upon  such 
terms  and  conditions  as  he  may  deem  for  the  best  interest  of 
the  territory :  Provided,  That  in  the  leasing  of  said  lots, 
blocks  and  subdivisions  all  of  the  provisions  of  this  act  regard- 
ing improvements,  preferred  rights  to  re-lease  and  transfer  of 
leases  shall  apply  to  the  leasing  of  lots,  blocks  and  other  sub- 
divisions so  far  as  the  same  shall  be  applicable. 


220  COMPILATION    OF    THS    SCHOOI,    I,AWS 


Session  Laws  1909. 


CHAPTER  4.  - 


An  Act,  entitled  "An  Act  to  establish  a  museum  for 
the  territory  oe  new  mexico,  and  for  other  pur- 
POSES."   A.  H.  B.  No.  100;  Approved  February  19,  1909. 


CONTENTS, 

Sec.  1.  Museum  of  New  Mexico  established;  location;  management, 
etc. 

Sec.   2.      Buildings  and  grounds  set  aside  for;   description. 

Sec.   3.     Historical  Society  of  New  Mexico;  rooms  provided  for,  etc. 

Sec.  4.  Board  of  Regents;  personnel  of;  appointment;  oatli,  duties; 
to  receive  no  compensation;  Secretary  and  Treasurer  to  be  elected 
and  give  bond;  approval  of  bond;  auditing  of  accounts;  quorum; 
rules;  vacancies. 

Sec.  5.  Director  of  School  of  American  Archaeology  to  be  director  of 
Museum  of  New  Mexico;  no  compensation  from  New  Mexico. 

Sec.  6.  Board  of  Regents  to  equip  building,  etc.,  for  occupancy;  funds 
to  be  provided  by  Territory  not  to  exceed  $3,000. 

Sec.  7.  Buildings  to  retain  external  appearance  as  nearly  as  pos- 
sible. 

Sec.   8.     Appropriation  for;   when  available,   etc. 

Sec.  9.  Board  of  Regents  to  make  annual  report.  Museum  and  all 
property  to  remain  exclusive  property  of  New  Mexico. 


Whereas,  The  Archaeological  Institute  of  America,  located 
in  the  City  of  Washington,  D.  C,  a  corporation  organized  and 
existing  under  and  by  virtue  of  an  act  of  the  Congress  of  the 
United  States,  has  by  a  resolution  adopted  by  the  Council  of 
the  said  institute  on  the  31st  day  of  December,  1908,  made  a 
proposition  to  the  Territory  of  New  Mexico,  for  the  location 
of  its  School  of  American  Archaeology  in  Santa  Fe,  which 
proposition  is  filed  with  the  Secretary  of  New  Mexico,  and 
upon  the  performance  of  the  conditions  thereof  by  the  Arch- 


OF   THE  TERRITORY   OF   NEW    MEXICO  .     221 

aeological  Institute  of  America  all  of  the  provisions  of  this 
act  are  based ;  and 

Whereas,  The  said  Territory  of  New  Mexico  is  desirous 
of  accepting  the  proposition  made  by  said  institute  and  avail- 
ing itself  of  the  benefits  to  said  Territory-  arising  therefrom ; 
therefore 

Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of  ' 

New  Mexico: 

Section  1.  There  is  hereby  established  the  Museum  of 
New  Mexico,  which  shall  be  located  at  the  City  of  Santa  Fe, 
and  which  shall  be  under  the  management  and  control  of  a 
board  of  regents  of  six  members  to  be  appointed  as  herein- 
after provided. 

Sec.  2.  The  building  known  as  the  Old  Palace,  in  Santa 
Fe,  and  the  grounds  appertaining  thereto,  bounded  as  fol- 
lows :  On  the  south  by  Palace  Avenue ;  on  the  east  by  Wash- 
ington Avenue ;  on  the  north  by  lands  of  the  Territory  on 
which  is  now  being  constructed  the  Armory  building,  and  the 
lands  of  the  Santa  Fe  Lodge  No.  460,  B.  P.  O.  E.  of  Santa  ' 
Fe,  and  on  the  west  by  Lincoln  Avenue,  together  with  all 
buildings  and  improvements  thereupon  situate  and  all  lands 
or  other  property  that  may  be  acquired  for  museum  purposes 
at  any  time  in  the  future,  are  hereby  placed  under  the  control 
of  the  Board  of  Regents  herein  created,  for  the  use  of  the 
Museum  herein  established,  and  for  other  purposes  as  herein 
specified. 

Sec.  3.  The  Board  of  Regents  shall  grant,  free  of  rent, 
to  the  Archaeological  Institute  of  America,  the  use  of  the 
property  herein  described,  for  the  seat  of  its  School  and 
Museum  of  American  Archaeology  which  museum  shall  be 
the  Museum  of  New  Mexico:  Proinded,  That  the  rooms  in 
the  east  end  of  the  building  which  are  now  occupied  by  the 
Historical  Society  of  New  Mexico,  shall  be  reserved  for  the 
use  of  said  society,  free  of  rent,  so  long  as  the  same  is  con- 
ducted in  harmony  with  the  management  of  the  Museum  of 
New  Mexico  herein  established,  and  for  free  public  use.  The 
facts  of  which  shall  be  judged  of  by  the  Territorial  Legisla- 
ture. 

Sec.  4.  The  Board  of  Regents  shall  be  constituted  as 
follows :  The  Governor  of  New  Mexico  is  hereby  authorized 
to  nominate,  and  by  and  with  the  advice  and  consent  of  the 
Council,  appoint  one  reputable  citizen  of  New  Mexico,  and 


222  COMPILATION    OF   THE   SCHOOL   LAWS 

three  members  of  the  managing  committee  of  the  School  of 
American  Archaeology,  who  shall  be  designated  to  him  by  its 
chairman.  The  Governor  of  New  Mexico  and  the  president 
of  New  Mexico  Archaeological  Society,  shall  be  ex-officio 
members  of  said  Board  of  Regents,  with  full  power  of  mem- 
bership. No  member  of  said  Board  of  Regents,  shall  receive 
any  salary  or  compensation,  either  directly  or  indirectly  from 
the  Territory  of  New  Mexico,  for  any  services  performed  as 
members  of  said  Board  of  Regents,  and  each  member  of  said 
board  shall,  after  his  appointment  as  aforesaid,  take  and 
subscribe  an  oath  before  a  qualified  notary  public  having  a 
seal,  for  the  faithful  performance  of  his  duties  as  such,  which 
oath  of  office  shall  be  filed  with  the  Secretary  of  New  Mexico. 
Said  Board  of  Regents  shall  assemble  at  Santa  Fe,  New 
Mexico,  within  ninety  days  after  the  passage  of  this  act,  and 
organize  by  the  election  of  one  of  its  members  as  president, 
and  one  of  its  members  as  secretary  and  treasurer.  The  sec- 
retary ^and  treasurer  shall  be  a  resident  of  New  Mexico,  and 
shall  execute  good  and  sufficient  bond  in  the  sum  of  not  less 
than  five  thousand  dollars  to  the  Territory  of  New  Mexico, 
to  be  approved  by  the  Secretary  of  New  Mexico,  and  by  him 
deposited  for  safe  keeping,  for  the  faithful  performance  of  his 
duties  as  secretary  and  treasurer  as  aforesaid,  and  for  the 
proper  accounting  for  all  funds  received  by  him  from  any 
source  whatsoever  in  his  official  capacity.  At  the  annual 
meeting  of  said  Board  of  Regents,  the  accounts  of  the  secre- 
tary and  treasurer  shall  be  audited,  and  all  valid  accounts  ap- 
proved. Four  members  of  the  Board  of  Regents  shall  consti- 
tute a  quorum  for  the  transaction  of  business,  but  a  less 
number  may  adjourn  from  time  to  time.  Said  board  shall 
provide  proper  rules  and  regulations  for  its  own  government. 
The  appointed  members  of  said  board  shall  hold  office  for  the 
term  of  four  years,  and  until  their  successors  are  appointed 
and  qualified.  In  case  of  any  vacancy  in  said  board,  the  Gov- 
ernor is  hereby  authorized  to  fill  such  vacancy  in  the  same 
manner  as  provided  for  in  this  act,  as  to  resident  or  non-resi- 
dent appointive  members. 

Sec.  5.  The  Board  of  Regents  shall  accept  the  services 
of  the  director  of  the  School  of  American  Archaeology  as  di- 
rector of  the  Museum  of  New  Mexico,  but  said  director  shall 
receive  no  salary  from  funds  appropriated  by  New  Mexico. 

Sec.  6.  The  Board  of  Regents  is  authorized  to  equip  the 
Old   Palace   building  with   heating  plant,   electric  light  and 


OF   THE   TERRITORY   OF    NEW    MEXICO  223 

plumbing,  out  of  funds  to  be  appropriated  for  that  purpose  by 
the  Territory  of  New  Mexico,  in  a  sum  not  to  exceed  three 
thousand  dollars. 

Sec.  7.  The  Board  of  Regents  is  directed  that  all  altera- 
tions, extensions  and  additions  to  the  main  Palace  building 
shall  be  made  so  as  to  keep  it  in  external  appearance  as  nearly 
as  possible  in  harmony  with  the  Spanish  architecture  of  the 
period  of  its  construction  and  preserve  it  as  a  monument  to 
the  Spanish  founders  of  the  civilization  of  the  Southwest. 

Sec.  8.  There  is  hereby  provided  an  annual  appropria- 
tion of  five  thousand  dollars,  or  so  much  thereof  as  may  be 
required  to  be  used  for  the  care  and  improvement  of  the 
building,  grounds  and  museum,  the  obtaining  of  collections, 
books  and  equipment  for  the  museum,  the  excavation  and 
study  of  ancient  ruins  for  the  benefit  of  the  museum,  the 
preservation  of  archaeological  sites  in  New  Mexico,  the  pub- 
lication of  investigations  in  New  Mexico,  and  for  incidental 
expenses  necessary  to  the  administration  of  the  museum ;  said 
appropriation  to  be  available  each  year  as  follows :  Twenty- 
five  hundred  dollars  on  the  30th  day  of  June,  and  twenty-five 
hundred  dollars  on  the  31st  day  of  December;  and  the  auditor 
of  public  accounts  of  New  Mexico  is  hereby  directed  to  make 
a  sufficient  levy  on  all  property  subject  to  taxation  in  New 
Mexico  each  year,  to  realize  the  sum  provided  herein,  and  to 
direct  the  several  collectors  of  taxes  to  collect  the  same  at  the 
same  time  and  in  the  same  manner  as  other  taxes  are  col- 
lected, and  when  the  same  shall  be  paid  over  to  the  Territorial 
Treasurer,  he  shall  deposit  the  same  in  a  separate  account  to 
be  kept  by  him  to  be  known  as  "The  Museum  of  New  Mexico 
Fund,"  and  the  said  auditor  of  public  accounts  shall  draw  his 
warrants  on  such  funds  when  available  on  vouchers  properly 
signed  by  the  secretary  and  treasurer  of  said  Board  of  Re- 
gents, and  the  treasurer  shall  pay  the  same  on  presentation 
thereof  to  him. 

Sec.  9.  The  Board  of  Regents  of  the  Museum  of  New 
Mexico  provided  for  by  this  act  shall  make  annually  on  or 
before  the  fifteenth  day  of  January  to  the  Governor  of  New 
Mexico  a  detailed  report  of  all  of  its  acts,  transactions,  re- 
ceipts and  disbursements  for  the  calendar  year  immediately 
preceding  such  report,  which  said  report  shall  be  transmitted 
to  the  first  session  of  the  Legislative  Assembly  held  after  he 
shall  have  received  the  same  for  the  consideration  and  the 
action   of   the   legislature   thereon.      The   Museum   of   New 


224  COMPILATION    OF    THE    SCHOOL    LAWS 

Mexico  hereby  established  and  all  of  its  property  of  every 
kind  and  description  shall  be  and  remain  the  exclusive  prop- 
erty of  the  Territory  of  New  Mexico,  and  any  future  legisla- 
ture shall  have  the  right  to  amend,  alter  or  repeal  this  act'  in 
whole  or  in  part. 

Sec.  10.  This  act, shall  be  in  force  and  effect  from  and 
after  its  passage,  and  all  acts  and  parts  of  acts  in  conflict  with 
any  of  the  provisions  of  this  act  are  hereby  repealed,  and 
nothing  in  this  act  shall  be  construed  in  any  way  to  interfere 
with  the  museums  of  the  territorial  institutions. 


CHAPTER   7. 


An  Act  to  provide  for  an  issue  of  bonds  of  the  terri- 
tory OF  NEW  MEXICO  for  COMMON  SCHOOL  PURPOSES, 
defining  the  purposes  for  WHICH  THE  MONEY  SHALL 
BE  USED  AND  FOR  OTHER  PURPOSES.     H.  S.  H.  B.  No.  96; 

Approved  February  25,   1909. 


CONTENTS. 

Sec.    1.      Amount  of  bond  issue. 

Sec.   2.     Sale  of;  denomination;  interest  rate;  when  payable;  by  whom 

signed. 
Sec.   3.     Interest  to  be  paid  out  of  income  from  common  school  lands; 
tax  to  be  levied  in  20  years  from  date  to  provide  funds  for  pay- 
ment of  principal,  at  or  before  maturity. 
Sec.    4.      When  not  sufficient  funds  to  pay  interest,  procedure;   method 
of  sale. 

Disposition  of  revenue  from  sale  of. 

Banks  accepting  deposits  of  such  funds  to  give  bond;  amount; 
)viso. 

Unlawful  to  use  funds  for  any  other  purpose;  penalty. 
Treasurer  to  keep  daily  record  of  moneys  in  fund,  etc. 
Special  fund. 
Board  of  Trustees;   personnel;  secretary  of;   powers. 
Districts     entitled     to     funds;     application     for;     procedure. 
Proviso. 
Sec.   12.      Board  of  Trustees  may  order  school  district  to  issue  bonds  in 
full  amount  as  provided  by  law  for  school  building;   Board  then 
to  pay  balance  of  cost  of  construction  out  of  fund. 
Sec.   13.     Application  for  funds;  by  whom  signed;  method  of  securing; 
to  issue  school  district  bonds;   how  refunded. 


Sec. 

5. 

Sec. 

6. 

Sec. 

7. 

Sec. 

8. 

Sec. 

9. 

Sec. 

10. 

Sec. 

11. 

OF  The;  territory  of  new  mkxico  225 

Sec.  14.  Approval  of  application  by  Trustees  to  be  endorsed  and  cer- 
tified to  auditor  of  territory. 

Sec.  15.  Leng-th  of  school  term;  where  funds  not  sufficient,  to  be 
provided  out  of  fund;   application  for,  etc. 

Sec.  16.  Treasurer  of  territory  to  preserve  all  warrants  paid  out; 
Auditor  to  preserve  all  applications  and  orders. 

Sec.  17.  When  all  districts  provided  for,  fund  herein  created  to  be 
paid  into  general  school  fund  of  territory. 

Sec.   18.     Unlawful  to  use  funds  for  any  other  purpose;  penalty. 

Sec.   19.     Purpose  and  intent  of  act. 

Sec.   20.      This  act  to  be  enforced  by  mandamus. 


Section   1.     An  issue  of  botjds  of  the  Territory  of  New 
Mexico  in  the  sum  of  five  hundred  thousand  dollars  is  hereby 
authorized  and  directed,  the  prcvceeds  of  the  sale  of  such  bonds  ' 
to  be  expended  and  used  for  the  purposes  hereinafter  provided. 

Sec.  2.  Such  bonds  shall  be  issued  in  the  denomination 
of  one  thousand  dollars  each,  to  be  known  as  "Territorial 
Common  School  Bonds;"  shall  bear  interest  at  the  rate  of  four 
per  centum,  per  annum,  payable  semi-annually  on  the  first  days 
of  January  and  July  of  each  year  until  maturity,  principal  and 
interest  payable  at  such  places  as  may  be  agreed  upon  by  tho 
purchaser  of  said  bonds,  in  the  City  of  New  York,  State  of 
New  York,  or  in  the  City  of  Santa  Fe,  Territory  of  New 
Mexico,  such  place  to  be  designated  and  named  on  the  face  of 
such  bonds ;  said  bonds  shall  be  signed  by  the  Governor  and 
Treasurer  of  the  Territory,  and  countersigned  by  the  auditor 
of  public  accounts,  and  shall  be  made  payable  in  thirty  years 
from  July  1,  1909,  and  such  bonds  shall  be  dated  July  1,  1909. 

Sec.  3.  So  much  of  the  income  of  the  common  school 
lands  of  the  Territory  of  New  Mexico,  as  is  necessary  to  pay 
the  interest  on  said  bonds  is  hereby  pledged  to  the  payment  of 
the  same,  and  the  Territorial  Treasurer  is  hereby  directed 
and  authorized  to  pay  said  interest  out  of  the  income  from  said 
common  school  lands,  and  each  year  to  hold  and  retain  in  the 
treasury  of  the  Territory  sufficient  money,  from  said  income, 
to  pay  such  interest ;  and  for  the  final  redemption  of  the  prin- 
cipal of  said  bonds,  there  shall  be  levied  at  the  expiration  of 
twenty  years  from  the  date  of  said  bonds  an  annual  tax,  suf- 
ficient to  provide  for  the  payment  of  said  bonds  on  or  before 
maturity. 

Sec.  4.  The  full  faith  and  credit  of  the  Territory  of  New 
Mexico  is  hereby  pledged  to  the  payment  of  both  the  princi- 


226  COMPILATION    OF   THE   SCHOOIv   LAWS 

pal  and  interest  of  said  bonds ;  and  in  the  event  there  shall  not 
be  sufficient  funds  derived  from  the  income  from  said  com- 
mon school  lands,  in  any  year  or  years,  to  pay  any  installment 
of  interest  when  due,  the  said  Treasurer  of  New  Mexico  shall 
complete  the  payment  thereof,  out  of  any  other  funds,  not 
otherwise  appropriated,  and  if,  in  the  judgment  of  the  Auditor 
of  the  Territory,  there  will  not,  in  any  given  year,  be  su|ficient 
funds  derived  from  the  income  of  common  school  lands  of  the 
Territory  of  New  Mexico  for  the  payment  of  such  interest, 
then  said  Auditor  shall  cause  a  levy  to  be  made,  upon  the 
taxable  property  within  the  Territory  of  New  Mexico,  suffi- 
cient to  pay  the  balance  of  said  interest.  Said  bonds  shall  be 
sold  by  the  Treasurer  of  the  Territory  of  New  Mexico,  at  not 
less  than  their  par  value  and  accrued  interest,  and  said  Treas- 
urer shall,  by  public  notice,  which  notice  shall  be  inserted  in 
some  leading  financial  journal  published  in  the  United  States, 
and  in  one  of  the  leading  daily  newspapers  published  in  the 
Territory  of  New  Mexico  at  least  six  times,  in  succeeding 
issues,  for  at  least  thirty  days  prior  to  the  date  fixed  for  the 
sale  of  such  bonds,  invite  sealed  proposals  for  the  sale  jt)f  such 
bonds,  and,  on  the  date  fixed  for  opening  such  bids  he  shall 
open  the  same  in  the  presence  of  the  bidders,  who  may  be 
present,  and  the  public,  in  his  office,  and  shall  award  said 
issue  of  bonds  to  the  person,  firm  or  corporation,  offering 
therefor  the  highest  premium:  Provided,  however,  Said 
Treasurer  may,  with  the  concurrence  of  the  Superintendent  of 
Public  Instruction  and  the  Governor  of  the  Territory  offer 
and  sell,  only  a  portion  of  said  issue,  and  may  retain  in  the 
vaults  of  the  Treasury  the  remaining  bonds,  to  be  thereafter 
disposed  of,  upon  order  of  the  Governor  and  Superintendent 
of  Public  Instruction,  but  no  portion  of  said  bonds  shall  be 
disposed  of  except  in  the  manner  herein  provided. 

Sec.  5.  The  proceeds  of  such  sale  or  sales,  shall  be  re- 
ceived by  the  Treasurer  of  the  Territory  of  New  Mexico,  and 
shall  be  credited  by  him  to  the  Territorial  Common  School 
Bond  Issue  Fund,  and  said  fund  shall  be  used  only  for  the 
purposes  hereinafter  specified,  and  so  much  of  said  funds, 
which  are  not  required  for  immediate  use,  shall  be  deposited 
by  said  Treasurer  in  banks  in  the  Territory  of  New  Mexico, 
at  not  less  than  three  per  cent  interest  per  annum,  payable  on 
daily  balances,  and  all  interest  so  received  shall  be  credited  to 
th  Common  School  Fund  of  the  Territory. 

Sec.  6.     Before  any  such  money  shall  be  so  deposited,  the 


OF  THE  TERRITORY   OF    NEW    MEXICO  227 

Treasurer  of  the  Territory,  shall  require  the  bank  or  banks, 
with  which  it  is  proposed  to  deposit  said  funds  to  execute  and 
give  to  said  Treasurer  a  good  and  sufficient  bond,  and  if  said 
bond  so  proposed  be  a  surety  bond  the  liability  thereof  shall 
be  not  less  than  the  full  amount  of  money  deposited  with  said 
bank,  and  if  the  same  be  a  personal  bond,  the  liability  thereon 
shall  exceed,  by  at  least  twenty-five  per  centum,  the  amount 
so  deposited,  and  the  sufficiency  of  the  same  shall  be  deter- 
mined by  a  certified  statement  from  the  county  assessor  of  the 
county  wherein  such  sureties  may  reside,  setting  forth  the 
assessed  valuation  of  the  property  and  effects  of  the  signers  of 
said  bond. 

Sec.  7.  It  shall  be  unlawful  for  any  Territorial,  or  other 
official,  to  use  any  portion  of  the  fund  derived  from  the  sale 
of  such  bonds,  for  any  purpose,  other  than  as  herein  specified, 
and  any  such  official  who  shall  divert  or  use  any  portion  of 
such  money,  for  any  other  purpose,  shall  be  forthwith  re- 
moved from  office,  and  he  shall  be  liable,  in  an  action  to  be 
brought  by  the  Attorney  General  of  the  Ternitory  of  New 
Mexico,  on  his  official  bond,  for  any  money  so  used. 

Sec.  8.  It  shall  be  the  duty  of  the  Treasurer  of  the 
Territory  of  New  Mexico,  to  keep  a  daily  record  of  all  moneys 
in  the  fund  hereby  created,  and  of  all  payments  made  there- 
from showing  in  such  record  the  daily  balance  in  such  fund, 
and  where  the  same  is  deposited  or  kept,  and  any  citizen  of  the 
Territory  of  New  Mexico,  shall,  upon  demand,  have  the  right 
to  inspect  such  record. 

Sec.  9.  All  money  realized  from  the  sale  of  the  bonds 
herein  authorized,  shall  be  a  special  fund,  available  and  to  be 
used  only  for  the  purposes  hereinafter  specified,  and  in  the 
manner  hereinafter  provided. 

Sec.  10.  The  Governor,  Secretary  of  the  Territory  and 
the  Superintendent  of  Public  Instruction  shall  constitute  a 
Board  of  Trustees  for  the  management  and  disbursement  of 
such  fund,  and  no  portion  of  such  fund  shall  be  paid  out  ex- 
cept upon  a  written  order  to  the  Auditor  of  the  Territory, 
signed  by  at  least  two  of  said  officials.  The  Superintendent  of 
Public  Instruction  shall  be  the  secretary  of  such  board  and  all 
applications  for  assistance  from  said  fund,  as  hereinafter  pro- 
vided, shall  be  made  to  such  Superintendent  of  Public  In- 
struction. 

Sec.  11.  Any  school  district  already  formed,  or  which 
may  hereafter  be  formed,  no  portion  of  which  is  included 


228  COMPILATION    OF    THE    SCHOOI^    tAWS 

within  the  Hmits  of  an  incorporated  city  or  town  wherein 
there  is  not  sufficient  taxable  property  to  enable  such  school 
district  to  build  and  construct  a  suitable  school  house,  or 
suitable  school  houses,  for  the  convenience  and  suitable  edu- 
cation of  the  children  therein  of  school  age,  may  make  appli- 
cation to  the  Superintendent  of  Public  Instruction  of  the  Ter- 
ritory of  New  Mexico,  on  a  form  to  be  prepared  by  the  At- 
torney General  of  the  Territory,  for  sufficient  funds,  out  of 
the  fund  herein  created,  to  enable  such  district  to  build  and 
construct  such  school  house  or  school  houses ;  such  application 
shall  describe  the  boundaries  of  such  district,  give  the  amount 
of  taxable  property  therein,  its  indebtedness  already  issued 
and  outstanding,  the  number  of  children  of  school  age  therein 
who  can  be  accommodated  by  such  school  building,  and  all 
other  facts  which  may  aid  the  board  provided  for  in  Section 
10  in  determining  the  advisability  of  constructing  such  school 
building  or  buildings ;  said  application  must,  before  presenta- 
tion to  the  Superintendent  of  Public  Instruction,  receive  the 
endorsement  of  the  county  superintendent  of  schools,  which 
said  endorsement  must  appear  on  said  application :  Provided, 
hmvcver.  Should  the  county  school  superintendent  arbitrarily 
refuse  to  approve  any  such  application,  the  directors  may 
present  the  same  to  the  Superintendent  of  Public  Instruction, 
and  the  Board  of  Trustees  may,  after  a  hearing,  if  it  finds  the 
facts  warrant,  approve  said  application  without  the  endorse- 
ment of  the  county  superintendent  of  schools. 

Sec.  12.  The  Board  of  Trustees  may  order  and  direct 
any  such  school  district  to  first  issue  bonds,  as  provided  by 
law  and  to  the  full  amount  as  limited  by  law,  and  apply  such 
proceeds  toward  the  construction  of  such  school  building, 
and  pay  only  the  balance  of  the  cost  of  construction  out  of  the 
fund  herein  created.  Said  board  may,  if  it  deem  it  advisable, 
pay  all  the  cost  of  construction  out  of  such  fund. 

Sec.  13.  Such  application,  provided  for  in  Section  11 
hereof,  shall  be  signed  by  the  school  directors  and  also  by  the 
majority  of  the  resident  freeholders  within  said  school  district 
and  the  same  shall  be  verified  by  the  directors.  If  the  Board 
of  Trustees  so  order,  said  district  shall  issue  bonds  as  pro- 
vided in  Section  12  hereof,  before  it  shall  be  entitled  to  any 
money  out  of  the  fund  herein  created,  and  it  shall  be  the  duty 
of  the  directors  of  such  school  district,  when  the  taxable 
property  in  such  district  is  sufficient  to  enable  such  district  to 
issue  school  bonds,  within  the  limit  as  now  fixed  by  law,  to 


Olf    THE    TERRITORY    OF    NEW    MEXICO  229 

issue  bonds  of  said  school  district  for  the  full  amount  of  the 
money  received  from  the  Territory  of  New  Mexico,  under  this 
act,  and  sell  the  same,  and  said  district  shall  then  refund  to 
the  Treasurer  of  the  Territory  any  and  all  moneys  advanced 
for  the  purpose  of  constructing  school  houses  as  herein  pro- 
vided, and  such  money  so  refunded  shall  be  by  the  Treasurer 
credited  to  the  fund  herein  created,  and  paid  out  as  other 
moneys  of  such  fund;  and  it  shall  not  be  necessary  for  the 
people  of  such  district  to  vote  on  the  question  of  the  issuance 
of  bonds  as  herein  provided,  for  the  purpose  of  making  such 
refund  to  the  Territory,  but  such  petition,  so  presented  as 
provided  in  Section  11  hereof,  shall  be  held  and  construed  to 
authorize  the  issue  of  bonds  for  such  purpose. 

Sec.  14.  The  Board  of  Trustees,  if  it  approves  such  ap- 
plication, shall  endorse  thereon  its  approval,  and  direct  the 
amount  of  money  to  be  paid  thereon,  and  shall  certify  the 
same  to  the  Auditor  of  the  Territory,  who  shall  draw  his 
warrant  in  favor  of  such  school  district,  payable  out  of  the 
fund  herein  created,  and  the  Treasurer  of  the  Territory  shall 
pay  said  warrant,  upon  presentation,  out  of  such  fund,  and 
shall  be  allowed  credit  therefor. 

Sec.  15.  Hereafter  there  shall  be  held  in  each  school  dis- 
trict in  the  Territory  of  New  Mexico  a  term  of  school  of  not 
less  than  five  months  in  duration,  and  any  such  school  district 
that  has  not  within  its  confines  sufficient  taxable  property, 
taxed  at  the  maximum  allowed  by  law  for  school  purposes, 
to  produce  sufficient  revenue  for  such  term  of  school,  shall 
receive  out  of  the  fund  herein  created,  sufficient  money,  in 
addition  to  that  raised  therein  by  taxation  as  herein  provided, 
to  enable  such  district  to  conduct  a  school  term  of  five  months. 
It  shall  be  the  duty  of  the  school  directors,  of  all  such  districts, 
within  the  Territory,  to  apply  to  the  Superintendent  of  Public 
Instruction  for  such  assistance,  such  application  to  be  made 
upon  a  form  prepared  by  the  Attorney  General  of  the  Terri- 
tory, giving  among  other  things  the  taxable  value  of  all 
property  in  such  district,  the  rate  levied,  the  salary  paid,  or 
to  be  paid  the  teacher,  the  number  of  children  of  school  age, 
the  number  of  school  buildings  where  it  is  proposed  to  con- 
duct school,  and  such  other  information  as  may  be  required 
either  by  the  Attorney  General  or  the  Superintendent  of  Pub- 
lic Instruction;  said  application  shall  be  approved  by  the 
county  superintendent  of  schools  of  such  county  wherein  such 
district  is  located,  before  the  same  is  presented  to  the  Superin- 


230  COMPILATION   OF  THE   SCHOOI,  LAWS 

tendent  of  Public  Instruction.  If  the  Board  of  Trustees  ap- 
prove such  application  it  shall  endorse  its  approval  thereon, 
and  shall  certify  the  same  to  the  Auditor  of  the  Territory,  to- 
gether with  the  amount  to  be  paid  thereon,  and  said  Auditor 
shall  draw  his  warrant  on  the  Treasurer  of  the  Territory, 
payable  out  of  the  fund  herein  provided  for,  in  favor  of  such 
school  district,  and  take  credit  for  the  same. 

Sec.  16.  It  shall  be  the  duty  of  the  Treasurer  of  the 
Territory  to  carefully  preserve  all  such  warrants  so  paid,  and 
to  render  account  of  such  fund  herein  created,  as  now  re- 
quired by  law  of  other  funds  in  his  hands;  and  the  Auditor 
shall  carefully  preserve  all  applications  and  orders  coming 
into  his  hands  as  herein  provided. 

Sec.  17.  Whenever  it  shall  be  made  to  appear  to  the 
Governor,  the  Superintendent  of  Public  Instruction  and  the 
Secretary  of  the  Territory  that  there  are  no  remaining  school 
districts  within  the  Territory  of  New  Mexico,  in  which  there 
is  not  sufficient  taxable  property  to  provide  for  a  five  months 
school  each  year,  and  to  provide  suitable  school  buildings, 
such  Governor,  Superintendent  and  Secretary  shall  direct  any 
portion  of  the  fund  herein  created  to  be  paid  into  the  general 
school  fund  of  the  Territory,  such  direction  shall  be  signed 
by  such  officials,  and  presented  to  the  Treasurer  and  there- 
upon he  shall  credit  such  balance  to  the  general  school  fund. 

Sec.  18.  Any  official,  into  whose  hands  any  of  the  money 
or  funds  herein  provided  for  shall  come,  who  shall  use  any 
portion  of  such  money  or  funds,  for  any  purpose,  other  than 
the  purpose  herein  specified  and  provided  for,  shall  be  deemed 
guilty  of  embezzlement,  and  upon  conviction  shall  be  sen- 
tenced to  the  penitentiary  for  not  less  than  one  year  nor  more 
than  ten  years  and  fined  in  any  sum  not  exceeding  the  amount 
so  used  or  embezzled,  and  he  shall  be  forthwith  removed  from 
office,  and  shall  thereafter  be  ineligible  to  hold  any  office  of 
trust  or  profit  in  the  Territory  of  New  Mexico. 

Sec.  19.  It  is  the  purpose  and  intent  of  this  act  to  pro- 
vide funds  and  means  for  the  education  of  all  the  children 
within  the  Territory  of  New  Mexico,  of  school  age,  who  are 
not  now  able  to  secure  such  education,  and  to  provide  for  the 
location  and  erection  of  suitable  school  buildings,  and  this  act 
shall  be  construed  liberally  for  the  accomplishment  of  such 
purpose. 


OF   TH^   TERRITORY    OF    NEW    MEXICO  231 

Sec.  20.  Any  act  or  duty,  imposed  upon  an  official  by 
this  act,  may  be  enforced  by  mandamus. 

Sec.  21.  This  act  shall  be  in  full  force  from  and  after  its 
passage  and  all  acts  and  parts  of  acts  in  conflict  herewith  are 
hereby  repealed. 


CHAPTER    12. 


An  Act  to  repeal  an  act  entitled  ''an  act  to  make  the 
town  oe  silver  city  an  independent  school  district, 

and  to  PROVIDE  FOR  THE  REGULATION  AND  SUPPORT  OF 
SUCH  SCHOOL  district/'  APPROVED  FEBRUARY  18,  1882; 
TO  SUBJECT  THE  TERRITORY  EMBRACED  IN  SAID  INDEPEND- 
ENT SCHOOL  DISTRICT  TO  THE  OPERATION  OF  THE  GEN- 
ERAL SCHOOL  LAWS  OF  THE  TERRITORY  OF  NEW  MEXIcO 
AND   FOR   OTHER   PURPOSES.      H.   S.   C.   S.   H.   B.   No.   29; 

Approved  March  2,  1909. 


CONTENTS. 

Sec.   1.      Repealing  clause. 

Sec.   2.     Silver  City  created  independent  school  district  . 

Sec.   3.     Board    of    Trustees    to    constitute    Board    of    Education    until 

next  town  election. 
Sec.    4.      Board  of  Education  to  consist  of  three  members.     Election  of. 
Sec.   5.     Property.     Disposition  of. 
Sec.   6.      Funds.     Disposition  of. 


Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of 
New  Mexico: 

Section  1.  That  the  act  of  the  Legislative  Assembly  of 
the  Territory  of  New  Mexico,  approved  February  18,  1882, 
entitled  "An  Act  to  make  the  town  of  Silver  City  an  inde- 
pendent school  district,  and  to  provide  for  the  regulation  and 
support  of  such  school  district"  be  and  the  same  is  hereby 
repealed. 

Sec.  2.  That  all  territory  embraced  within  the  corporate 
limits  of  the  town  of  Silver  City  in  the  County  of  Grant,  shall 
hereafter  be  subjected  to  the  general  laws  of  the  Territory  of 


232  COMPILATION    OF    THE    SCHOOL    LAWS 

New  Mexico  with  reference  to  boards  of  education  in  towns, 
being  Sections  1563  to  1601  of  the  Compiled  Laws  of  the 
year  1897,  and  other  general  laws  with  reference  to  boards  of 
education  of  towns. 

Sec.  3.  That  the  board  of  trustees  of  said  independent 
school  district  shall  until  the  next  town  election  for  the  town 
of  Silver  City  be  and  constitute  the  board  of  education  of  the 
town  of  Silver  City  of  the  Territory  of  New  Mexico,  and 
shall  have  all  powers  and  be  subject  to  all  liabilities  of  such 
board  of  education  as  constituted  by  such  general  public  laws 
relating  to  incorporated  towns. 

Sec.  4.  At  the  next  election  for  the  town  of  Silver  City, 
there  shall  be  elected  a  board  of  education  for  said  town,  con- 
sisting of  three  members,  who  shall  hold  their  offices  until 
their  successors  shall  be  elected  and  qualified  under  the  gen- 
eral school  law. 

Sec.  5.  That  the  board  of  trustees  of  said  independent 
school  district  shall  and  it  is  hereby  authorized  and  required 
to  at  once  turn  over,  transfer  and  convey  to  the  board  of  edu- 
cation of  the  town  of  Silver  City  of  the  Territory  of  New 
Mexico,  all  property  and  funds  of  said  independent  school 
district  in  their  hands  or  in  their  custody  or  control,  and  the 
same  shall  become  the  property  of  said  board  of  education  of 
the  town  of  Silver  City  of  the  Territory  of  New  Mexico. 

Sec.  6.  That  the  treasurer  of  the  County  of  Grant,  be 
and  he  is  hereby  authorized  and  directed  to  turn  over  to  the 
treasurer  of  the  town  of  Silver  City  as  ex-officio  treasurer  of 
the  board  of  education  of  the  town  of  Silver  City  of  the  Ter- 
ritory of  New  Mexico,  all  money  now  in  his  hands,  or  which 
may  hereafter  come  to  his  hands,  levied  or  assessed,  for  the 
benefit  of  the  said  independent  school  district,  after  sucn 
treasurer  has  executed  a  bond  as  provided  by  Section  1571  of 
the  Compiled  Laws  of  the  Territory  of  New  Mexico  for  1897. 

Sec.  7.  This  act  shall  be  in  full  force  and  effect  from  and 
after  its  passage. 


OF    THE    TERRITORY    OE    NEW    MEXICO  233 

CHAPTER    43. 


An  Act  providing  for  the  payment  of  the  compensa- 
tion OF  COUNTY  superintendents  OUT  OF  THE  SCHOOL, 
FUNDS     OF     THE    COUNTIES^     AND     FOR     OTHER     PURPOSES. 

H.  B.  No.  245 ;  Approved  March  16,  1909. 


CONTENTS. 

Sec.   1.     County  School  Superintendent.     Salary.     Payment  of. 
Sec.   2.     General  county  fund  to  be  reimbursed  from  "General  County 
School  Fund,"  for  payments  made  during  1909. 


Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of 
Neiv  Mexico: 

Section  1.  The  annual  compensation  of  County  School 
Superintendents  provided  for  in  Section  21  of  Chapter  97  of 
the  Acts  of  the  37th  Legislative  Assembly  may  be  paid^out  of 
the  general  county  school  fund  quarterly  upon  warrants  isued 
by  the  Board  of  County  Commissioners  as  other  salaries  are 
paid,  or  said  salary  may  in  the  discretion  of  the  Board  of 
Commissioners  be  paid  out  of  the  general  county  fund. 

Sec.  2.  All  moneys  paid  during  the  year  1909  to  county 
superintendents  out  of  the  general  county  fund  may  be  re- 
turned to  such  fund  from  the  general  county  school  fund. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  from, 
and  after  its  passage  and  approval,  and  all  acts  and  parts  of 
acts  in  conflict  herewith  are  hereby  repealed. 


234  COMPILATION    OF    THE    SCHOOIv    LAWS 

CHAPTER   57. 


An  Act  to  amend  section  two  of  chapter  sixty-five, 
LAWS  OF  1907.  H.  B.  No.  260;  Approved  March  17, 
1909. 


CONTENTS. 

Sec.    1.     Amends   Section    2,   Chapter   65,   Laws   1907,   with   relation   to 
delinquent  taxes. 


Be  it  enacted  by  the  Legislative  Asse^hbly  of  the  Territory  of 

New  Mexico: 

Section  1.  That  Section  2  of  Chapter  65  of  the  Laws  of 
1907,  be  amended  by  substituting  therefor  the  following: 

''That  all  delinquent  taxes  for  the  years  1901,  1902,  1903, 
1904,  1905  and  1906  be  distributed  as  follows:  Two-thirds 
thereof  to  be  paid  into  the  General  County  Fund,,  and  one- 
third  thereof  to  be  paid  into  the  General  School  Fund  of  the 
respective  counties  in  which  they  are  collected:  Provided, 
hozvcver,  that  the  two-thirds  of  such  .taxes  as  above  men- 
tioned to  be  paid  to  the  General  County  Fund  shall  be  used 
for  the  purpose  of  paving  the  debts  of  such  county  for  the 
years  1901,  1902,  1903,  1904,  1905  and  1906,  and  shall  be 
applied  pro  rata  upon  the  debts  of  said  county  incurred  during 
such  years  and  duly  approved  by  the  Board  of  County  Com- 
missioners; and  if  any  surplus  shall  remain  the  said  surplus 
shall  go  to  the  current  expense  fund  of  the  said  county." 

Sec.  2.  That  this  act  shall  be  in  full  force  and  effect 
from  and  after  its  passage  and  all  acts  in  conflict  herewith 
are  hereby  repealed. 


OS   THE   T:eRRlTORY   01^   NEW    MEXICO  235 

CHAPTER    58. 


An  Act  to  validate  certain  indebtedness  oe  schooe 
district  number  eight,  county  oe  guadaeupe.  a.  c. 
B.  No.  70;  Approved  March  17,  1909. 


CONTENTS. 

Sec.  1.  Indebtedness  of  School  District  No.  8,  Guadalupe  County, 
validated. 

Sec.  2.  Bonds  to  be  issued  for  payment  of.  Amount,  date,  redemp- 
tion, etc. 

Sec.  3.  After  sale  of  bonds,  warrants  to  be  issued  to  cover  indebted- 
ness. 


Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of 

New  Mexico: 

Section  1.  That  the  indebtedness  of  School  District  No. 
8,  County  of  Guadalupe,  Territory  of  New  Mexico,  in  the 
sum  of  seven  hundred  dollars  ($700.00)  due  to  the  First  Na- 
tional Bank  of  Santa  Rosa,  New  Mexico,  is  hereby  validated 
and  made  binding  upon  said  school  district. 

Sec.  2.  That  for  the  payment  of  the  indebtedness  men- 
tioned in  Section  1,  of  this  act,  the  Board  of  School  Directors 
of  School  District  No.  8,  Guadalupe  county,  are  hereby  au- 
thorized and  directed  to  make  and  issue  its  bonds  in  the  sum 
of  one  hundred  dollars  each,  or  any  multiple  thereof  in  the  ag- 
gregate sum  of  seven  hundred  dollars  ($700.00),  to  be  dated 
July  1,  1909,  bearing  interest  at  the  rate  of  five  per  centum, 
payable  semi-annually,  until  paid,  and  payable  twenty  years 
after  date,  and  to  deliver  said  bonds  to  the  treasurer  of  the 
said  County  of  Guadalupe ;  and  the  said  treasurer  upon  receipt 
of  said  bonds  shall  sell  the  same  to  the  highest  and  best  bid- 
der for  cash,  and  at  not  less  than  par,  and  the  proceeds  from 
said  sale  shall  be  deposited  by  said  treasurer  as  a  special  de- 
posit subject  to  the  warrants  to  be  drawn  as  herein  specified 
by  said  Board  of  School  Directors,  and  said  treasurer  shall 
notify  said  board  of  said  sale. 

Sec.  3.  That  said  Board  of  School  Directors  of  said 
School  District  No.  8,  upon  being  informed  of  the  sale  of  said 
bonds,  by  the  treasurer,  shall  make  out  their  warrants  in  favor 
of  the  parties  named  \n  Section  1  of  this  act,  for  the  amount 


236  COMPUTATION  OF  the;  school  laws 

due  them,  which  warrants  shall  be  paid  by  the  treasurer  of 
said  county  out  of  the  proceeds  derived  from  the  sale  of 
said  bonds. 

Sec.  4,  All  acts  and  parts  of  acts  in  conflict  herewith 
are  hereby  repealed  and  this  act  shall  take  effect  and  be  in  full 
force  from  and  after  its  passage. 


CHAPTER   97. 


An  Act  entitled  an  act  to  establish  the  new  mexico 
spanish-american  normal  school.  a.  c.  b.  no.  69; 
Approved  March  18,  1909. 


»  CONTENTS. 

Sec.   1.     New  Mexico  Spanish-American  Normal  School  created.      Ob- 
ject.    Location. 
Sec.   2.      Management  and  control.     Powers  of  trustees. 
Sec.   3.     Course  of  instruction.     Graduates  to  sign  obligation  to  teach. 

.  When  excused.     Qualifications  of  scholar. 
Sec.   4.     Appropriation  for,  etc. 


Whereas,  Over  400  country  public  schools  in  New  Mexico 
are  composed  principally  of  scholars  whose  native  language 
is  Spanish,  and  who  consequently  can  only  be  taught  English 
and  other  studies  effectively  by  teachers  acquainted  with  the 
Spanish  language; 

Whereas,  The  most  pressing  need  of  our  country  common 
schools  in  counties  where  the  Spanish  language  is  prevalent 
is  a  sufficient  number  of  native  Spanish-speaking  teachers,  in 
sympathy  with  their  scholars,  and  with  ample  education  and 
training  in  their  profession  to  teach  schools  in  English; 

Whereas,  The  Territory  of  New  Mexico  possesses  a  com- 
modious and  well-built  edifice  at  El  Rito,  Rio  Arriba  county, 
erected  for  the  purpose  of  a  Territorial  Reform  School,  but 
which  has  never  yet  been  occupied,  and  by  its  situation  is  not 
well  adapted  to  the  purpose  for  which  it  was  constructed,  but 
is  centrally  located  in  the  counties  having  the  largest  propor- 


OF   TH^   TEIRRITORY   Of   NEW    MEXICO  237 

tion  of  Spanish-speaking  persons,  and  can  easily  be  adapted 
to  general  educational  use;  therefore, 

Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of 

Nezu  Mexico: 

Section  1.  There  is  hereby  constituted  and  established 
the  New  Mexico  Spanish-American  Normal  School,  the  ob- 
ject of  which  shall  be  to  educate  Spanish-speaking  natives  of 
New  Mexico  for  the  vocation  of  teachers  in  the  public  schools 
of  the  counties  and  districts  where  the  Spanish  language  is 
prevalent. 

Said  Normal  School  is  hereby  located  at  El  Rito,  Rio 
Arriba  county,  on  the  premises  now  occupied  by  the  New 
Mexico  Reform  School ;  and  said  premises,  together  with  the 
buildings  erected  thereon,  and  all  fixtures  and  equipment  con- 
nected therewith  are  hereby  transferred  to  the  said  normal 
school. 

Sec.  2.  The  management  and  control  of  said  Spanish- 
American  Normal  School,  the  appointment,  qualification, 
powers  and  duties  of  its  trustees,  shall  be  the  same  as  pro- 
vided for  said  Reform  School  and  other  Territorial  institu- 
tions by  Sections  6  and  7  of  Chapter  2,  of  the  Laws  of  1903 ; 
so  far  as  applicable. 

Sec.  3.  The  courses  of  instruction  at  said  normal  school 
shall  be  particularly  arranged  for  the  training  and  qualification 
of  teachers  to  give  instructions  in  English  in  the  ordinary 
rural  public  schools  of  the  Territory,  and  especially  in  those 
where  the  greater  part  of  the  scholars  belong  to  Spanish- 
speaking  families. 

Every  scholar  admitted  to  said  Normal  School  shall  sign~ 
an  obligation  agreeing,  in  case  he  or  she  graduates,  to  teach 
at  least  two  years  in  public  schools  of  the  Territory,  unless 
excused  for  good  cause  by  the  Territorial  Board  of  Education. 

No  scholar  shall  be  received  in  said  school  who  has  not 
passed  the  fourth  grade  as  established  in  the  public  schools 
of  New  Mexico  in  a  satisfactory  manner;  or  passes  a  satis- 
factory examination  for  entrance  in  the  fifth  grade ;  and  the 
trustees  of  said  school  are  directed  to  make  regulations  to 
insure  compliance  with  this  provision. 

Sec.  4.  The  sum  of  $4,500  or  so  much  thereof  as  may 
be  necessary,  is  hereby  appropriated  from  money  in  the  Ter- 
ritorial Treasury  raised  by  taxation  to  the  credit  of  the  New 


238  COMPUTATION    OF   THE   SCHOOIv   I.AWS 

Mexico  Reform  School,  for  obtaining  necessary  furniture  and 
apparatus  for  the  opening  of  said  school  and  for  the  expenses 
and  maintenance  of  the  same  to  July  1,  1910. 

Sec.  5.  All  acts  and  parts  of  acts  in  conflict  herewith  are 
hereby  repealed.  This  act  shall  be  in  force  and  effect  from 
and  after  the  date  of  its  passage. 


CHAPTER    106. 


An  Act  to  amend  an  act  entitled  ''an  act  to  provide 

FOR  THE  leasing,  SALE,  MANAGEMENT  AND  CONTROL  OF 
ALL  LANDS  NOW  OWNED  OR  HEREAFTER  ACQUIRED  BY  THE 
TERRITORY  OF  NEW  MEXICO;  TO  CREATE  A  TERRITORIAL 
PUBLIC  LAND  OFFICE;  A  COMMISSIONER  THEREOF,  AND  TO 
PRESCRIBE  THE  DUTIES  OF  SUCH  OFFICER;  TO  PROVIDE  FOR 
THE  CARE,  CUSTODY,  DISPOSITION  AND  INVESTMENT  OF 
MONEYS  DERIVED  FROM  ALL  TERRITORIAL  LANDS  BY  LEAS- 
ING, SALE  OR  OTHERWISE;  AND  FOR  OTHER  PURPOSES,  AP- 
PROVED    MARCH     21,     1907,"     AND     FOR    OTHER     PURPOSES. 

H.  B.  No.  187;  Approved  March  18,  1909. 


CONTEXTS. 

Sec.  1.  Sec.  3,  Chap.  104,  Laws  1907,  amended. 
Sec.  2.  Sec.  5,  Chap.  104,  Laws  1907,  amended. 
Sec.  3.  Sec.  6,  Chap.  104,  Laws  1907,  amended. 
Sec.  4.  Sec.  7,  Chap.  104,  Laws  1907,  amended. 
Sec.  5.  Sec.  8,  Chap.  104,  Laws  1907,  amended. 
Sec.  6.  Sec.  11,  Chap,  104,  Laws  1907,  amended. 
Sec.  7.  Sec.  12,  Chap.  104,  Laws  1907,  amended. 
Sec.   8.     Commissioner  of  Public  Lands.     Authority  to  sell  certain  lands 

to  the  town  of  Po'rtales.     Proceeds  of  sale. 
Sec.   9.     Town   of  Portales  to  act  as  trustee.      Disposition   of  revenue. 

Lands  for  cemetery  purposes.     Commissioner  to  sell. 


Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of 
Nezv  Mexico : 

.    .Section  1.     T-hat  Section  3  of  Chapter  104  of  the  Session 


OF   THE   TERRITORY   OF   NEW    MEXICO  239 

Laws  of  1907  be  and  the  same  is  hereby  amended  so  as  to 
read  as  follows  : 

"Section  3.  The  Commissioner  of  Public  Lands  shall  be 
provided  with  an  official  seal  and  it  shall  be  his  duty  to 
receive  and  pass  upon  all  applications  for  leasing  or  purchas- 
ing Territorial  lands  and  timber,  and  contracts,  grants,  rights- 
of-way,  easements  or  other  rights  relating  thereto,  and  exe- 
cute and  authenticate  therewith,  on  behalf  of  the  Territory, 
all  leases,  deeds,  contracts,  grants,  rights-of-way,  easements, 
and  other  papers  therefor,  upon  such  terms  and  conditions  as 
he  may  deem  for  the  best  interests  of  said  Territory,  not  in 
conflict  with  the  terms  of  this  act  and  the  act  of  Congress 
under  and  by  virtue  of  which  said  lands  have  been,  or  may 
be,  acquired ;  and  all  such  instruments  heretofore  or  hereafter 
so  executed  shall  be  entitled  to  record  without  acknowledg- 
ment, and  the  record  thereof  in  the  county  in  which  the  land 
aflfected  thereby  is  situate  shall  constitute  constructive  notice 
to  all  persons  of  the  contents  thereof;  to  provide  all  necessary 
equipment,  property,  records,  books,  blanks  and  appurte- 
nances of  every  kind  whatsoever  for  the  proper  management 
of  his  office  and  the  lands  under  his  control  and  to  have  pos- 
session and  charge  of  the  same ;  to  deed  by  quit  claim  or 
otherwise  to  the  United  States  covering  any  or  all  claim  that 
the  Territory  of  New  Mexico  may  have  in  and  to  lands 
within  any  private  land  grant  or  reservation  made  in  pursu- 
ance of  authority  of  any  act  of  Congress,  for  the  purpose  of 
selecting  indemnity  lands  therefor,  or  lands  in  lieu  thereof; 
to  collect  all  moneys  due  to  the  Territory  on  outstanding 
notes  and  other  evidences  of  indebtedness  for  the  purchase, 
leasing  or  use  in  any  manner  of  Territorial  lands  and  other- 
wise enforce  the  same  according  to  the  statutes  of  the  Terri- 
tory of  New  Mexico,  and  all  leases,  notes,  contracts  or  other 
evidences  of  indebtedness  issued  or  made  to  or  by  the  Board 
of  Public  Lands,  or  the  Commissioner  of  Public  Lands,  are 
hereby  declared  to  be  the  property  of  the  Territory  for  the 
purposes  of  this  act;  to  receive  and  keep  separate  accounts  of 
all  moneys  due  to  the  Territory  for  the  leasing,  sale  and 
handling  of  all  territorial  lands  granted  for  the  benefit  of  the 
institutions  designated  in  the  Act  of  Congress  approved  June 
21,  1898;  and  eighty  per  centum  of  said  moneys  shall  be 
placed  to  the  credit  of  separate  funds,  income  and  permanent, 
created  for  the  respective  purposes  named  in  said  act  and 
paid  over  to  the  Territorial  Treasurer  on  the  first  day  of  each 
month,  as  nearly  as  may  be,  to  the  credit  of  the  several  funds 


240  COMPIIvATlON    OF    THE    SCHOOL    LAWS 

respectively  entitled  thereto ;  to  keep  a  full  and  complete  rec- 
ord of  all  his  official  acts,  and  submit  to  the  governor  each 
year  a  report  bearing  date  the  last  day  of  December,  contain- 
ing a  statement  of  the  business  and  expenses  of  his  office  and 
the  amount  of  money  turned  over  by  him  to  the  treasurer  for 
the  benefit  of  each  fund,  also  such  recommendations  as  he  may 
desire  to  make  for  the  better  management,  handling  and  con- 
trol of  Territorial  lands,  which  report  shall  be  published  and 
distributed  and  the  expense  thereof  paid  out  of  the  moneys 
derived  from  said  lands  in  like  manner  as  other  expenses 
connected  with  office  required  to  be  paid." 

Sec.  2.  That  Section  5  of  said  Chapter  104  of  the  Ses- 
sion Laws  of  1907  be  and  the  same  is  hereby  amended  so  as  to 
read  as  follows : 

"Section  5.  The  Commissioner  of  Public  Lands  shall 
receive  for  his  salary  the  sum  of  three  thousand  ($3000.00) 
dollars  per  annum,  payable  monthly,  and  is  hereby  authorized 
to  employ  and  appoint  one  assistant  commissioner  of  public 
lands,  who  shall  receive  for  his  salary  the  sum  of  eighteen 
hundred  ($1800.00)  dollars  per  annum,  payable  monthly,  and 
define  his  duties  but  who  shall  in  the  absence  of  the  commis- 
sioner act  for  and  in  his  stead  in  all  matters  pertaining  to  the 
leasing  and  protection  of  all  Territorial  lands,  and  receive 
for  and  account  to  the  commissioner  for  all  money  so  re- 
ceived due  to  the  Territory  from  the  leasing,  sale,  manage- 
ment and  control  of  said  lands ;  and  to  employ  and  appoint 
one  agent  to  investigate,  inspect  and  appraise  territorial  lands, 
and  perform  such  other  duties  as  may  be  required  of  him  at  a 
salary  of  twelve  hundred  ($1200.00)  dollars  per  annum,  pay- 
able monthly,  one  bookkeeper,  at  a  salary  of  one  hundred  and 
twenty-five  ($125.00)  dollars  per  month,  one  assistant  book- 
keeper at  a  salary  of  one  hundred  ($100.00)  dollars  per 
month,  and  one  stenographer  at  a  salary  of  seventy-five 
($75.00)  dollars  per  month,  who  shall  be  subject  to  the  imme- 
diate direction  of  the  commissioner  and  shall  employ  such 
temporary  help  as  is  necessary,  at  the  expense  of  not  to  exceed 
one  thousand  ($1000.00)  dollars  per  annum,  and  in  his  dis- 
cretion he  may  require  from  said  assistant  commissioner  and 
other  employees  good  and  sufficient  bonds  for  the  faithful 
performance  of  their  respective  positions,  the  amount  of  said 
bonds  to  be  as  determined  by  the  commissioner." 

Sec.  3.  That  said  Chapter  104,  Session  Laws  of  1907, 
Section  6  thereof  be  and  the  same  is  hereby  amended  so  as  to 
read  as  follows: 


OF   the:   territory    of    NFW    MEXICO 


"Section  6.  It  shall  be  the  duty  of  the  commissioner  of 
public  lands,  the  assistant  commissioner  and  the  agent  to 
devote  as  much  of  their  time  a^  possible  to  inspecting,  investi- 
gating and  appraising  the  Territorial  lands  and  timber  sub- 
ject to  lease  or  sale,  for  the  purpose  of  ultimately  obtaining 
a  complete  record  of  the  character  and  value  of  such  lands, 
and  they  shall  be  allowed  their  actual  expenses  necessarily 
incurred,  including  traveling  expenses,  in  the  performance  of 
their  official  duties,  and  he  may  require  in  his  discretion  any 
clerk  or  employee  to  perform  any  duty  required  by  the  terms 
of  this  act,  and  such  employees  shall  in  like  manner  be  allowed 
their  actual  expenses  necessarily  incurred  in  the  performance 
of  the  duties  required  of  them  under  this  act. 

Sec.  4.  That  Section  7  of  said  Chapter  104  of  the  Ses- 
sion Laws  of  1907,  be  and  the  same  is  hereby  amended  so  as 
to  read  as  follows : 

"Sec.  7.  All  expenses  incurred  in  the  leasing,  sale,  pro- 
tection, management  and  control  of  the  Territorial  lands, 
including  all  salaries  and  office  expenses,  the  expenses  of  the 
commissioner,  assistant  commissioner,  and  agent  in  investi- 
gating, inspecting  and  appraising  said  lands  and  timber,  to- 
gether with  all  other  expenses  actually  necessary  to  be  incurred 
in  the  administration  of  this  act,  shall  be  paid  out  of  the  funds 
derived  from  the  leasing,  sale,  management  and  control  of 
the  same.  Itemized  bills  in  duplicate  of  all  expenses  shall  be 
filed  with  and  approved  by  the  commissioner  of  public  lands, 
the  original  thereof  to  be  presented  to  the  Territorial  auditor 
as  provided  in  Section  8  of  this  act,  and  the  duplicate  to  be 
retained  on  file  in  the  office  of  said  commissioner  of  public 
lands,  and  all  expenses  unless  incurred  for  the  benefit  of  some 
particular  fund,  shall  be  equitably  distributed  between  the 
several  funds." 

Sec.  5.-  That  Section  8  of  said  Chapter  104  of  Session 
Laws  of  1907  be  and  the  same  is  hereby  amended  so  as  to 
read  as  follows : 

"Section  8.  Twenty  per  centum  of  all  moneys  receij^ed 
by  the  commissioner  of  public  lands  from  the  leasing,  sale, 
management  and  control  of  Territorial  lands  shall  be  deposited 
with  the  Territorial  Treasurer,  said  funds  so  deposited  to  con- 
stitute a  salary  and  expense  fund,  and  all  disbursements  made 
by  said  commissioner  from  said  moneys  in  payment  of  salaries 
and  expenses,  as  herein  provided  for,  shall  be  made  by  vouch- 
ers in  duplicate,  with  the  approval  of  the  commissioner  indi- 


242  COMPILATION    OF    THE    SCHOOL    LAWS 

cated  thereon,  numbered  consecutively  by  series  setting  forth 
the  account  covered  thereby,  such  account  being  duly  itemized 
thereon,  one  copy  thereof  to  be  retained  in  the  office  of  the 
commissioner  of  public  lands  and  the  other  copy  to  be  pre- 
sented to  the  Territorial  auditor  as  herein  set  forth ;  said 
vouchers  so  presented  to  the  Territorial  auditor  to  be  filed  in 
his  office  and  warrants  drawn  therefor  upon  said  salary  and 
expense  fund  in  the  hands  of  the  Territorial  Treasurer.  Any 
balances  that  may  remain  in  said  salary  and  expense  fund  on 
the  date  of  September  thirtieth  of  any  calender  year,  shall  be 
apportioned  by  the  Territorial  Auditor  among  the  common 
school  and  institutional  funds  from  which  such  income  has 
been  derived  in  proportion  to  the  total  income,  less  the  propor- 
tionate share  of  expense." 

Sec.  6.  That  Section  11  of  said  Chapter  104  of  the  Ses- 
sion Laws  of  1907,  be  and  the  same  is  hereby  amended  so  as 
to  read  as  follows : 

"Section  11.  It  shall  be  the  duty  of  each  and  every  county 
assessor  of  the  Territory  of  New  Mexico,  whenever  requested 
so  to  do  by  the  commissioner  of  public  lands,  to  make  returns, 
upon  blank  forms  to  be  provided  by  the  commissioner  of 
public  lands  for  that  purpose,  of  any  particular  tract  or  of  all 
lands  located  within  their  respective  counties,  and  to  place  a 
value  on  said  lands  as  on  patented  lands  adjoining  of  like 
character,  and  as  though  they  were  assessing  them  to  owners, 
and  also  to  state  if  said  lands  are  occupied  and  if  so,  by  whom; 
also  the  amount  and  kind  of  improvements,  if  any,  and  the 
value  thereof,  together  with  the  legal  sub-divisions,  townships 
and  ranges,  and  such  other  information  coming  within  the 
purview  of  their  official  positions  as  may  be  requested  by  the 
Commissioner  of  public  Lands. 

Sec.  7.  That  Section  12  of  said  Chapter  104  of  the  Ses- 
sion Laws  of  1907  be  and  the  same  is  hereby  amended  so  as  to 
read  as  follows : 

"Section  12.  All  lands  now  owned  or  hereafter  acquired 
by  •the  Territory  of  New  Mexico  for  leasing  purposes  only 
shall  be  subject  to  lease  by  the  commissioner  of  public  lands, 
and  all  other  lands  now  owned  or  hereafter  acquired  by  said 
Territory  shall  be  subject  to  lease  or  sale  by  said  commissioner 
as  in  his  judgment  will  be  to  the  best  interests  of  the  Terri- 
tory, but  only  in  accordance  with  the  provisions  of  law  and  the 
Act  or  Acts  of  Congress  under  which  they  have  been  or  may 
be  acquired,  but :    Provided,  however,  That  none  of  said  lands 


OF   TH^    TE:RRIT0RY   OF   NFW    MEXICO  243 

shall  be  leased  for  less  than  three  percentum  of  their  actual 
value  as  may  be  determined  by  said  commissioner  upon  ap- 
praisement of  said  lands  by  special  agents  or  otherwise  as 
herein  provided  for,  nor'  sold  for  less  than  the  actual  value 
thereof  as  so  determined,  and  in  no  event  shall  such  sale  be 
for  less  than  three  ($3.00)  dollars  per  acre,  and.  Provided, 
further.  That  the  purchaser  of  land  under  the  porvisions  of 
this  act,  except  in  cases  where  this  act  prescribes  cash  pay- 
ment, shall  enter  into  and  sign  a  contract  with  the  Territory  to 
be  signed  by  the  commissioner  of  public  lands  on  behalf  of 
the  Territory,  and  in  a  form  to  be  prescribed  by  the  commis- 
sionr  and  approved  by  the  attorney-general,  in  which  he  shall 
covenant  that  he  will  make  the  payment  of  principal  and  in- 
terest when  due,  but.  Provided,  That  all  interest  shall  be  com- 
puted from  date  contract  is  issued,  and  that  he  will  pay  all 
taxes  and  assessments  that  may  be  levied  or  assessed  on  such 
land,  and  that  a  failure  to  make  the  payments  prescribed  in 
such  contract,  and  for  six  months  thereafter,  that  he  will,  on 
demand  of  said  commissioner  surrender  the  said  premises  and 
upon  such  failure  for  six  months  all  rights  of  the  purchaser 
under  said  contract  may,  at  the  election  of  said  commissioner 
of  public  lands,  acting  for  the  Territory,  and  without  notice  to 
said  purchaser,  be  declared  to  be  forfeited  and  when  so  de- 
clared forfeited  the  Territory  shall  be  released  from  all  obli- 
gations to  convey  said  land.  When  the  payments  provided  for 
in  such  contract  as  provided  for  in  this  act  for  land,  stone, 
minerals  or  timber  shall  have  been  made  in  full,  the  commis- 
sioner of  public  lands  shall  make  proper  deed  of  conveyance 
to  the  purchaser,  with  the  seal  of  his  office  attached  thereto, 
but  in  no  case  shall  final  deed  of  conveyance  be  issued  until 
after  all  of  the  purchaser's  price  and  accrued  interest  has  been 
paid.  The  contract  provided  for  by  this  section  shall  be  exe- 
cuted in  duplicate,  and  one  copy  shall  be  retained  by  the  pur- 
chaser and  the  other  shall  be  filed  in  the  office  of  the  commis- 
sioner of  public  lands.  All  contract^  provided  for  herein  shall 
be  signed  by  the  purchaser,  and  also  by  the  commissioner  of 
public  lands,  with  the  seal  of  his  office  attached  thereto.  The 
commissioner  of  public  lands  may,  as  he  deems  advisable,  ex- 
tend the  time  for  payment  of  principal  and  interest  on  con- 
tracts authorized  in  this  section,  and  also  Provided,  That  the 
Commissioner  of  public  lands  shall  notify  the  purchaser  of 
land  in  each  instance  when  payment  on  his  contract  is  overdue 
and  that  he  is  liable  to  forfeiture  if  payment  is  not  made 
within  six  months  from  the  time  the  same  became  due,  unless 


244  COMPUTATION    OF   THE   SCHOOI.   I.AWS 

the  time  be  extended  by  the  commissioner  on  a  satisfactory 
showing  as  herein  provided,  and  Provided,  further,  That  the 
Commissioner  -of  PubHc  Lands  shall  make  no  contract  for 
sale  of  lands  by  payment  as  herein  provided,  for  a  longer  term 
than  thirty  years,  and  such  contracts  shall  provide  for  pay- 
ment of  the  principal  in  equal  annual  installments,  payable  on 
Occtober  first  of  each  year,  with  interest  on  deferred  payments 
at  the  rate  of  five  per  centum,  but  when  payments  are  overdue 
and  unpaid,  and  also  Provided,  That  all  moneys  which  have 
been  paid  on  such  obligations  or  contract  of  the  purchaser  and 
not  paid  and  declared  forfeited  by  the  commissioner  as  pro- 
vided for  herein  shall  revert  to  the  particular  fund  or  purpose 
to  which  such  obligation  or  contract  pertains,  and  all  such 
property  so  forfeited  shall  be  resold  under  the  provisions  of 
this  act  or  any  future  law  which  may  be  enacted,  in  the  same 
manner  and  with  like  force  as  if  such  forfeiture  had  not  taken 
place,  but :  Provided,  hozvever,  That  if  any  purchaser  shall 
die  his  heirs  or  legal  representatives  shall  have  one  year  in 
which  to  make  the  first  payment  thereafter,  after  the  first  day 
of  October  next  after  such  death,  and  Provided,  further,  That 
all  lands  classed  and  known  as  timber  lands,  must  be  sold  for 
cash,  the  full  purchase  price  being  paid  at  the  time  of  the 
sale,  and  upon  such  payment  being  made  a  deed  shall  be  issued 
such  purchaser  by  the  commissioner  of  public  lands  with  the 
seal  of  his  office  attached  on  behalf  of  the  Territory." 

Sec.  8.  The  commissioner  of  public  lands  is  hereby  au- 
thorized, in  accordance  with  Sec.  39  of  an  act  of  congress 
entitled,  "An  Act  Relative  to  Affairs  in  Territories,"  approved 
February  in  1909,  to  sell  and  convey  to  the  town  of  Portales, 
in  the  Territory  of  New  Mexico,  school  section  number  thirty- 
six  in  township  one  south  of  range  thirty-four  east.  New 
Mexico  principal  meridian,  the  same  to  be  sold  upon  such 
terms  as  said  commissioner  shall  deem  proper  and  the  pro- 
ceeds received  by  the  commissioner  for  the  sale  of  such  school 
section  shall  be  paid  to  the  Territorial  treasurer  and  applied  to 
the  common  school  fund  as  other  moneys  are  applied  which 
are  received  from  the  leasing  of  school  sections  as  now  pro- 
vided by  law. 

Sec.  9.  Said  school  section  shall  be  taken  and  handled 
by  the  town  of  Portales  as  trustee  for  the  benefit  of  the  com- 
mon schools  of  said  town,  and  all  moneys  received  from  the 
leasing  or  sale  of  such  school  section  or  any  part  thereof,  shall 
be  applied  for  the  benefit  of  said  schools. 


OF  THE  TERRITORY   OE   NEW    MEXICO  245 

Whenever  any  act  of  congress  authorizes  the  sale  of  any- 
particular  school  section  or  any  part  thereof  upon  which  is 
located  any  cemetery  or  to  be  used  for  cemetery  purposes,  the 
commissioner  of  public  lands  is  hereby  authorized  in  accord- 
ance with  the  terms  of  such  act  of  congress  and  for  such  price 
as  he  shall  deem  advisable,  to  sell  and  convey  to  any  incorpo- 
rated, village,  town  or  city  in  this  Territory  such  school  sec- 
tion or  part  thereof  to  be  used  for  such  cemetery  purposes. 

Sec.  10.  All  acts  and  parts  of  acts  in  conflict  with  this 
act,  are  hereby  repealed  and  this  act  shall  take  effect  and  be  in 
force  from  and  after  the  date  of  its  passage. 


CHAPTER    119. 


An  Act  to  provide  for  the  distribution  and  application 
of  moneys  received  by  the  territory  of  new  mexico 
from  the  united  states  government  as  its  appropri- 
ation of  the  income  from  forest  reserves  within 
THE  SAID  TERRITORY.  C.  B.  No.  77  \  Approved  March  18, 
1909. 


CONTENTS. 

Sec.   1.     Act  of  Congress.     Terms  and  conditions  accepted  by  Territory. 

Sec.  2.  Territorial  Treasurer.  Duty  to  transmit  moneys  to  various 
counties  entitled  to  same. 

Sec.    3.      Disposition  of  funds  by  counties.     Proviso. 

Sec.  4.  Officers  handling  funds  not  entitled  to  compensation.  Mis- 
application of  funds.     Penalty. 


Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of 
NezO  Mexico: 

Section  1.  That  the  terms  and  conditions  of  the  acts  of 
Congress  providing  for  the  distribution  among  the  states  and 
territories  of  the  United  States  of  a  portion  of  the  revenues 
derived  from  forest  reserves  be,  and  the  same  are  hereby 
accepted. 

Sec.  2.     Immediately  after  the  passage  and  approval  of 


246  COMPILATION    OF   THE   SCHOOI.   LAWS 

this  act,  the  treasurer  of  the  Territory  of  New  Mexico  shall 
transmit  to  the  treasurers  of  the  various  counties  in  which 
forest  reserves  are  situated,  the  proportion  of  money  in  his 
hands  from  the  source  herein  mentioned  which  shall  be  due 
such  county,  such  proportion  to  be  based  upon  the  number  of 
acres  of  forest  reserve  in  such  county. 

Sec.  3.  That  such  moneys  shall  be  applied  in  the  different 
counties  to  which  the  same  is  transmitted,  one-half  thereof  to 
the  credit  of  the  General  County  School  Fund  and  one-half  to 
the  credit  of  the  County  Road  Fund :  Provided,  That  in  the 
Counties  of  Socorro  and  Grant  one-half  of  such  moneys  appor- 
tioned to  said  counties,  shall  be  credited  to  the  Territorial  Road 
Fund  instead  of  the  County  Road  Fund,  and  shall  be'  expended 
under  the  supervision  of  the  Territorial  Road  Commission 
upon  roads  within  such  counties  to  which  such  funds  may  be 
apportioned. 

Provided,  fiij'ther.  That  the  County  Commissioners  of  any 
county  desiring  to  co-operate  with  said  Territorial  Commission 
in  the  building  of  any  public  road  may  cause  a  special  levy  of 
five  mills  upon  each  dollar  of  taxable  property  the  proceeds  of 
which  may  be  made  available,  subject  to  expenditure  under 
direction  of  said  Territorial  Road  Commission. 

Sec.  4.  No  officer  shall  receive  any  compensation  for  the 
receipt,  handling  or  disbursement  of  said  funds,  and.  any 
officer  who  shall  apply  said  funds  to  any  other  purpose  than 
the  purpose  mentioned  herein  and  in  the  acts  of  Congress  re- 
ferred to,  shall  forfeit  treble  the  amount  so  misapplied  and 
shall  be  immediately  removed  from  office. 

Sec.  5.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 


OP    THK    TERRITORY    OB'    NEW    MEXICO  247 

CHAPTER  121. 


An  Act  entitled  ''"an  act  to  revise  and  systematize  the 

SCHOOL  laws  of  THE  TERRITORY  OF  NEW  MEXICO  AND  FOR 

OTHER  PURPOSES."     A.  C.  S.  C.  B.  No.   109;  Approved 
March   18,    1909. 


CONTENTS. 

Sec.   1.     Amends  Sec.  1555  of  the  Compiled  Laws  of  1907,  as  amended 
by  Chap.  39,  Laws  1903. 

Amends  Sec.   2,  Chap.   28,  Laws  1903. 
Amends  Sec.   3,  Chap.   48,  Laws  1905. 
Amends  Sec.   1,  Chap.   97,  Laws  1907. 
Amends  Sec.   6,  Chap.   97,  Laws  1907. 
Amends  Sec.  11,  Chap.   97,  Laws  1907. 
Amends  Sec.   13,  Chap.   97,  Laws  1907. 
Amends  Sec.   20,  Chap.  97,  Laws  1907. 
Amends  Sec.   21,  Chap.   97,  Laws   1907. 

Amends  Sec.   26,  Chap.   97,  Laws  1907. 

Amends  Sec.   18,  Chap.   97,  Laws  1907. 

Violation  of  act.     Penalty. 


Sec. 

2. 

Sec. 

3. 

Sec. 

4. 

Sec. 

5. 

Sec. 

6. 

Sec. 

7. 

Sec. 

8. 

Sec. 

9. 

Sec. 

10. 

Sec. 

11. 

Sec. 

12. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of 
New  Mexico: 

Section  1.  Section  1555  of  the  Compiled  Laws  of  1897, 
as  amended  by  Chapter  39  of  the  Laws  of  1903,  is  further 
amended  by  adding  at  the  end  thereof:  "Provided,  That  the 
private  or  denominational  school  shall  be  equal  in  its  teaching 
to  the  public  school  of  the  district ;  and  Provided,  further, 
That  this  section  shall  not  apply  to  children  who  live  more 
than  three  miles  from  a  public  school. 

Said  Section  1555  is  hereby  further  amended  by  substitut- 
ing for  "at  least  three  months  in  each  year,"  injine  seven  of 
said  section,  the  words,  "during  the  entire  time  such  school  is 
in  session  in  each  scholastic  year  in  their  respective  school 
communities." 

Sec.  2.  Section  2  of  Chapter  28  of  the  Laws  of  1903  is 
hereby  amended  so  that  the  first  line  will  read  :  "The  com- 
pilation, printing  and  distribution  of  the  pamphlets." 

Sec.  3.     Section  3  of  Chapter  48  of  the  Laws  of  1905,  is 


248  COMPIIvATlON    OF    THE    SCHOOIv    IvAWS 

hereby   amended   by   substituting   "Lincoln   Day"    for   "Flag 
Day,"  in  line  3. 

Sec.  4.  The  first  sentence  of  Section  1  of  Chapter  97  of 
the  Laws  of  1907,  entitled  'An  Act  to  Revise  and  Systematize 
the  School  Laws  of  the  Territory  of  New  Mexico  and  for 
Other  Purposes,"  is  hereby  amended  so  as  to  read  as  follows : 

"Organization  and  Compensation. — There  shall  be  a  Ter- 
ritorial Board  of  Education  which  shall  consist  of  nine  mem- 
bers :  The  Governor,  the  Superintendent  of  Public  Instruc- 
tion, and  seven  members  to  be  appointed  by  the  Governor  for 
the  term  of  five  years  each ;  five  of  said  seven  appointed  mem- 
bers to  be  selected  from  among  the  heads  of  the  Territorial 
educational  institutions,  the  president  of  St.  Michael's  College 
at  Santa  Fe,  and  the  superintendents  of  schools  in  the  four 
cities  of  the  Territory  ranking  highest  in  population  at  the 
time  of  the  appointment;  and  two  of  said  seven  to  be  citizens 
interested  in  public  education  who  are  not  professional  teach- 
ers, at  least  one  of  whom  shall  be  at  the  time  of  his  appoint- 
ment a  county  superintendent  of  schools,  these  latter  two  to  be 
appointed  during  March,   1909." 

Sec.  5.  Section  6  of  said  Chapter  97  of  the  Laws  of  1907 
is  hereby  amended  as  follows : 

In  line  fifteen  (15)  after  the  word  "attend"  insert  "at  least 
two  weeks  of,"  and  in  line  eighteen  (18)  after  word  "year" 
insert  "teachers  who  hold  a  third  grade  county  certificate  or  a 
permit  to  teach,  and  who  have  taught  at  least  three  months  of 
school  during  the  twelve  months  previous  to  the  time  of  hold- 
ing any  county  institute,  may,  upon  attendance  upon  a  county 
institute  for  a  full  term  of  four  weeks  receive  the  sum  of  fif- 
teen dollars  ($15)  from  the  treasurer  of  the  Territory,  upon 
the  order  of  the  Territorial  Auditor  of  the  funds  arising  from 
the  rental  or  sale  of  the  common  school  lands  of  the  Territory, 
upon  presenting  to  the  Territorial  Auditor  a  certificate  from 
the  county  school  superintendent  of  the  county  in  which  the 
institute  is  held,  and  signed  by  the  institute  conductor  and  the 
Territorial  Superintendent  of  Public  Instruction,  certifying 
that  said  teacher  had  complied  with  the  provisions  of  this  act; 
and  such  teachers  are  also  exempt  from  the  institute  fees 
otherwise  required."  And,  in  line  fifty-three  (53)  after  the 
word  "purpose"  insert  "Provided,  That  in  counties  where  an 
institute  is  held  for  a  full  term  of  four  weeks  the  county  treas- 
urer shall  ^et  aside  at  least  fifty  dollars  ($50.00)  more  than 
that  already  provided  for  institute  purposes."     Said  section  is 


OF'   TH^   TERRITORY   OF'    N^W    MEXICO  249 

further  amended  by  adding  at  the  close  of  said  section  the  fol- 
lowing: "But  the  legitimate  expenses  incidental  to  conduct- 
ing examinations  ordered  by  the  Territorial  Board  of  Educa- 
tion shall  be  considered  as  expenses  incurred  in  connection 
with  the  teachers'  institute :  Provided,  That  the  Territorial 
Board  of  Education  shall  have  the  power  to  waive  the  hold- 
ing of  any  county  normal  institute  in  counties  where  author- 
ized summer  schools  are  held  and  in  counties  adjacent  thereto," 

Sec.  6.  Section  11  of  said  Chapter  97  of  the  Laws  of 
1907,  is  hereby  amended  by  adding  the  following  paragraphs: 
"The  superintendent  of  public  instruction  shall  at  the  request 
of  any  county  school  superintendent  or  other  school  officer, 
give  his  opinion  upon  a  written  statement  of  the  facts  on  any 
question  or  controversy  arising  out  of  the  interpretation  and 
construction  of  school  laws  and  shall  keep  a  record  of  all  such 
decisions. 

Upon  giving  such  opinion  the  superintendent  may  submit 
the  statement  of  facts  to  the  attorney  general  for  his  advice 
thereon.  It  shall  be  the  duty  of  the  attorney  general  forth- 
with, to  examine  such  statements  and  suggest  the  proper  de- 
cision to  be  made  upon  such  facts." 

Sec.  7.  Section  13  of  Chapter  97  of  the  Laws  of  1907, 
is  hereby  amended  by  substituting  "Lincoln  Day"  for  "Flag 
Day"  in  line  one  and  line  fourteen. 

Sec.  8.  Section  20  of  Chapter  97  of  the  Laws  of  1907, 
is  hereby  amended  by  adding  at  the  close  of  the  section :  Pro- 
vided, That  the  county  school  superintendent  is  herey  author- 
ized to  leave  in  the  county  school  fund  a  sufficient  amount  to 
meet  such  warrants  as  may  be  legally  drawn  against  this  fund 
as  elsewhere  provided  by  law." 

Sec.  9.  Section  21  of  Chapter  97  of  the  Laws  of  1907, 
is  hereby  amended  by  striking  out  the  words  "county  treas- 
ury" in  line  four  and  inserting  the  words  "general  school  fund 
of  the  county"  and  by  inserting  in  line  twenty  (20)  after  the 
expression  "in  counties  of  forty-three  (43)  rooms  or  more  as 
aforesaid"  the  following :  "and  in  all  counties  of  the  first  class, 
as  determined  by  the  latest  report  of  the  Territorial  traveling 
auditor." 

Sec.  10.  Section  26  of  Chapter  97  of  the  Laws  of  1907 
is  hereby  amended  by  striking  out  all  from  the  word  "and"  in 
line  eighteen  to  "contract"  in  line  twenty-four,  inclusive. 

Sec.  11.  Section  18,  Chapter  97,  Laws  of  1907,  is  hereby 
amended  by  substituting  "Territorial  Board  of  Education"  for 


250  COMPILATION    OF    TllE    SCHOOI,    LAWS 

the  words  "board  of  examiners  of  each  county"  in  Hne  fourteen 
thereof. 

Sec.  12.  Any  member  of  the  Board  of  Education,  county 
school  superintendent,  or  other  school  officer  who  may  violate 
the  provisions  of  this  act  or  other  acts  concerning  their  powers 
and  duties  in  connection  with  school  matters  or  who  shall  not 
faithfully  perform  all  such  duties  imposed  under  and  by  virtue 
of  the  law  shall,  on  conviction  thereof,  be  fined  in  a  sum  not 
less  than  twenty-five  dollars  ($25.00)  nor  exceeding  five  hun- 
dred dollars  ($500.00). 

Sec.  13.  All  acts  and  parts  of  acts  in  conflict  with  this 
act  or  any  part  of  this  act  are  hereby  repealed  and  this  act 
shall  be  in  full  force  and  effect  immediately  upon  its  passage. 


CHAPTER    127. 


An  Act  providing  funds  and  making  appropriations  for 

THE  61  ST  AND  62nd  FISCAL  YEARS,  AND  FOR  OTHER  PUR- 
POSES. Con.  S.  C.  S.  H.  B.  Nos.  262  and  156;  Approved 
March  18,  1909. 


CONTENTS. 

Sec.  2.  Appropriations  for  Territorial  Inftitutions.  Regulating  quali- 
fications for  admission.  Examination,  etc.  Training  department 
in  certain  institutions,  and  regulating  same.  Appropriations  for 
charitable  institutions.     Proviso. 

Sec.  5.  Appropriation  for  Superintendent  of  Public  Instruction,  etc. 
Proviso. 

Sec.  8.  Indigent  students.  Appointment,  by  members  of  Legislature, 
to  Territorial  institutions.  Qualifications.  Term.  .^Regulations. 
Appropriation  for.  Money  allowance  to  pay  expenses.  Payment 
of.     Method.     Surplus.     Auditor  to  levy  tax. 

Sec.  13.  Appropriation  for  casual  deficiencies.  Superintendent  of 
Public  Instruction,  New  Mexico  Penitentiary.  Miscellaneous,  New 
Mexican  Printing  Co.,  I.  L.' Chaves. 

Sec.  14.  Appropriations  for  outstanding  deficiencies.  New  Mexico 
School  of  Mines.     University  of  New  Mexico. 


Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of 
Nezv  Mexico: 
Sec.  2.     For  the  support  and  maintenance  of  the  Terri- 


OF    THK    TERRITORY    OF    N^W    MEXICO  251 

torial  institutions  and  for  such  purposes  as  the  Board  of  Re- 
gents may  determine  there  is  hereby  appropriated  the  follow- 
ing sums,  to-wit : 
New  Mexico  College  of  Agriculture  and  Mechanic 

Arts $16,000.00 

New  Mexico  School  of  Mines 19,000.00 

The  University  of  New  Mexico 32,000.00 

New  Mexico  Normal  School,  Silver  City,  for  pur- 
pose of  constructing  building  for  heating  plant     2,500.00 

New    Mexico   Normal   University 20,400.00 

New  Mexico   Military  Institute,   Roswell 17,000.00 

Provided,  That  no  pupil  under  twelve  years  of  age  shall  be 
enrolled  as  a  student  in  the  above  named  institutions  unless 
such  pupil  is  capable  and  qualified  to  pass  a  good  examination 
in  a  course  of  studies  similar  to  that  prescribed  by  the  Terri- 
torial Board  of  Education  for  pupils  above  the  sixth  grade  of 
the  public  schools. 

Provided,  further.  That  the  provisions  hereof  shall  not  ap- 
ply to  the  New  Mexico  College  of  Agriculture  and  Mechanic 
Arts,  the  New  Mexico  School  of  Mines,  the  University  of 
New  Mexico,  and  the  New  Mexico  Military  Institute  at  Ros- 
well, but  the  Board  of  Regents  of  such  institutions  shall  de- 
termine and  fix  the  standard  of  requirements  required  for 
admission  to  such  institutions. 

Provided,  further.  That  in  the  case  of  the  Normal  School 
at  Silver  City,  and  the  Normal  University  at  Las  Vegas,  they 
shall  be  authorized  to  conduct  a  preparatory  school  known  as 
a  "Training  Department;"  the  number  of  such  pupils  in  the 
preparatory  department  being  limited  to  not  exceed  "twelve" 
in  each  grade. 

Provided,  further.  That  the  Board  of  Regents  of  the  New 
Mexico  Normal  School  at  Silver  City,  and  the  New  Mexico 
Normal  University  at  East  Las  Vegas,  shall  pay  the  railroad 
fare  in  excess  of  seventy-five  miles,  both  going  to  and  return- 
ing from  said  institutions,  of  all  persons  who  enroll  in  said 
normal  schools  with  a  view  of  preparing  for  teaching  in  the 
public  schools  of  New  Mexico :  Provided,  That  such  stu- 
dents shall  be  bona  fide  residents  of  New  Mexico  at  the  time  of 
entering  such  institutions  and  shall  be  entitled  to  only  one-half 
of  such  reimbursement  on  enrolling  and  the  remainder  of  such 
reimbursement  only  on  their  return  home  after  not  less  than 
eight  weeks  of  continuous  attendance.  The  fare  shall  be  paid 
but  once  each  year  and  over  the  shortest  possible  route  of 


252  COMPUTATION    OF   THE   SCHOOI.   I.AWS 

travel.  A  special  sum  shall  be  set  aside  by  the  Boards  of  Re- 
gents of  said  institutions  to  pay  the  railroad  fare  of  such  stu- 
dents from  the  annual  appropriation  for  these  institutions  to 
be  paid  out  in  a  manner  already  provided  by  law  for  the  dis- 
bursement of  such  appropriation. 

Provided,  further.  That  no  such  reimbursement  shall  be 
made  unless  the  student  shall  sign  a  declaration  of  his  intention 
to  teach  in  the  Territory  of  New  Mexico,  which  declaration 
shall  be  filed  in  the  office  of  the  president  of  the  institution.   " 

Provided,  further.  That  $1,500.00  of  the  amount"  appro- 
priated for  the  New  Mexico  Normal  School  at  Silver  City  and 
the  New  Mexico  Normal  University  at  Las  Vegas  shall  be 
set  apart  and  used  as  a  special  fund  for  the  Board  of  Regents 
of  each  of  said  institutions  for  the  payment  of  railroad  fare  as 
herein  provided  for. 

New  Mexico  Insane  Asylum,  Las  Vegas $60,000.00 

Miners'  Hospital,   Raton    10,000.00 

Institute  for  the  Blind,  Alamogordo 10,000.00 

Deaf  and  Dumb  Asylum,  Santa  Fe 10,000.00 

Spanish-American  Normal  School  at  El  Rito....      4,500.00 

Provided,  That  this  appropriation  is  conditioned  on  there 
being  at  least  twenty-five  scholars  attending  said  school  dur- 
ing the  first  year  of  its  operation. 

There    is    hereby   appropriated    for    the    Orphans' 

School  at  Santa  Fe $10,000.00 

SUPERINTENDENT  OF   PUBLIC   INSTRUCTION. 

Salary  of   Superintendent    $  3,000.00 

Salary  of  Assistant  Superintendent 2,000.00 

Salary  of  clerk 1,500.00 

Salary  of  stenographer    900.00 

For  traveling  expense    1,500.00 

For  office  and  contingent  expense 1,800.00 

Expense  incident  to  reading  examination  papers..  1,200.00 

Printing  and  distribution  of  annual  report 250.00 

Compilation,  printing  and  distribution  of  special  dav 

programs    150.00 

Printing  and  distribution,  institute  manuals 200.00 

Printing  and  distribution  of  common  school  course 

of   study 250.00 

Plans  and  specifications  for  school  houses 500.00 

Provided,  That  the  appropriations  made  for  traveling  ex- 
pense,   office   and   contingent    expense,    expenses    incident    to 


OF"   THB   TERRITORY    OF.  N^W    ME^XICO  263 

reading  of  examination  papers,  compilation,  printing  and 
distribution  of  special  day  programs,  and  printing  and  distri- 
bution of  institute  manuals,  shall  in  like  proportion  apply  to 
the  balance  of  the  sixtieth  fiscal  year. 

It  is  directed  that  the  $250.00  appropriated  for  course  of 
study,  the  $500.00  appropriated  for  school  house  plans  and 
specifications,  be  made  available  for  the  sixtieth  fiscal  year  and 
for  that  year  only.  ' 

Sec.  8.  Each  member  of  the  38tjri  Legislative  Assembly 
shall  have  the  privilege  of  appointing  for  the  term  of  four  years 
from  and  after  the  date  of  such  appointment,  one  indigent 
student  to  any  one  of  the  following  named  institutions,  to  be 
chosen  by  the  student  or  by  the  parent  or  parents,  or  guar- 
dian, of  any  such  student:  The  New  Mexico  College  of 
Agriculture  and  Mechanic  Arts,  the  New  Mexico  School  of 
Mines,  the  University  of  New  Mexico,  the  New  Mexico  Nor- 
mal School  at  Silver  City,  the  New  Mexico  Normal  Univer- 
sity at  Las  Vegas,  or  the  New  Mexico  Military  Institute  at 
Roswell.  Such  students,  so  appointed,  shall  be  not  less  than 
twelve  nor  more  than  twenty-one  years  of  age. 

Such  appointment  shall  be  made  on  or  before  the  first  day 
of  September,  1909,  and  shall  be  in  force  and  effect  for  said 
period  of  four  years  thereafter. 

Sych  student  shall  be  subject  to  the  same  rules,  regulations 
and  discipline  as  provided  for  other  students  of  the  institutions 
which  they  enter,  under  such  appointments. 

The  sum  of  seventy-two  hundred  dollars  ($7200.00)  per 
annum  for  four  years,  is  hereby  appropriated  to  pay^  the  ex- 
penses of  such  students  in  the  respective  institutions  to  which 
they  may  be  appointed  under  the  provisions  of  this  act  for  and 
during  the  said  term,  of  four  years. 

Two  hundred  dollars  ($200.00)  per  .school  year  is  hereby 
allowed  to  each  of  such  students  to  pay  actual  and  necessary 
expenses  while  in  attendance  at  such  institutions,  and  all  such 
students  so  appointed  shall  receive  board,  lodging,  matricula- 
tion, and  tuition,  without  charge  to  them  or  to  their  parents  or 
guardians ;  they  shall  receive  instruction  in  the  regular  courses 
taught  in  any  such  institution  the  same  as  other  students 
therein. 

All  actual  and  necessary  expenses  of  such  students,  while 
in  attendance  at  such  institutions,  shall  be  paid  out  by  the 
president  of  any  such  instittuion,  and  the  Treasurer  thereof 
shall  forward  to  the  Auditor  of  the  Territory  the  certificate 


254  COMPUTATION    OF    THE    SCHOOL    LAWS 

of  appointment  of  such  students,  which  certificates  shall  be 
vouchers  for  the  sum  of  two  hundred  dollars  ($200.00)  for 
each  such  students,  and  upon  receipt  of  such  certificates,  such 
Auditor  shall  draw  his  warrant  on  the  Territorial  Treasurer 
for  such  amount  in  favor  of  the  treasurer  of  any  such 
institution. 

The  treasurer  of  any  such  institution  shall  pay  out  such 
money  upon  requisitions  hy  the  president  of  such  institution 
and  each  of  such  requisitions  by  the  president  shall  be  accom- 
panied by  receipted  bills  showing  the  proper  expenditure  of 
the  amount  previously  drawn  for  any  such  student.  All  such 
requisitions  together  with  such  receipted  bills,  shall  be  filed 
and  preserved  in  the  records  of  the  office  of  any  such  treasurer. 

Should  any  money  remain  in  the  hands  of  the  treasurer  of 
any  such  institution  to  the  credit  of  any  student  appointed 
under  the  provisions  of  this  act,  after  the  term  of  his  appoint- 
ment, shall  have  expired,  it  shall  be  returned  to  the  Territorial 
Treasurer,  and  become  a  part  of  the  fund  appropriated  for  the 
expenses  of  such  students  at  such  institutions. 

In  case  any  student  appointed  as  herein  provided  fails  to 
complete  the  four  years'  term,  another  may  be  appointed  in 
lieu  thereof  by  the  same  member  of  the  38th  Legislative  As- 
sembly for  the  unexpired  portion  of  such  term. 

The  Territorial  Auditor  is  hereby  authorized  and  in- 
structed, during  the  years  1909,  1910.  1911  and  1912,  to  levy 
,a  tax  on  all  the  taxable  property  of  the  Territory  sufficient  to 
raise  the  amount  hereinbefore  appropriated  as  the  expense 
fund  for  students  so  as  aforesaid  provided  for  to  be  appointed 
to  free  scholarships  in  the  several  institutions  hereinbefore 
mentioned,  and  to  certify  the  same  at  the  time  and  in  the 
manner  required  by  law  to  the  Boards  of  County  Commis- 
sioners of  the  respective  counties  of  the  Territory. 

Sec.  13.  For  the  payment  of  casual  deficiencies  incurred 
during  the  fifty-ninth  and  sixtieth  fiscal  years;  providing  for 
the  payment  of  contracted  obligations  against  the  Territory 
for  which  no  provision  was  made ;  authorizing  an  issue  of  cer- 
tificates of  indebtedness,  and  for  other  purposes. 

That  there  is  hereby  appropriated  out  of  any  funds  in  the 
hands  of  the  Territorial  Treasurer,  excepting  the  interest 
fund,  the  following  sum  to  pay  the  following  deficiency 
claims : 

Provided,  That  the  Territorial  Auditor  shall  not  make 
payments  for  any  of  the  deficiency  appropriations  hereinafter 


OF   THE   TERRITORY   OF   NEW    MEXICO  255 

made,  except  upon  duly  verified  accounts  therefor,  and  such 
accounts  shall  be  approved  by  the  heads  of  departments  in 
which  such  deficiencies  occurred. 

OEEICE   OE   SUPERINTENDENT   OE    PUBLIC   INSTRUCTION. 

J.  E.  Clark   . .  . . $159.70 

Don  Lusk    50.00 

Optic  Printing  Company   52.25 

$     261.95 

For  the  New  Mexico  School  of  Mines  for  the  pur- 
pose of  paying  outstanding  deficiencies $4,500.00 

For  the  purpose  of  paying  casual  deficiencies,  and  com- 
pleting payments  on  the  construction  and  reconstruction  of 
buildings  on  the  campus  of  the  University  of  New  Mexico, 
there  is  hereby  appropriated  out  of  funds  provided  by  this  act, 
the  sum  of  $22,628.43,  twenty-two  thousand  six  hundred 
twenty-fight  and  43-100  dollars. 


256  COMPUTATION    OF    the;   school    I.AWS 


YEARLY  CALENDAR. 


For  the  convenience  of  County  Superintendents  and  Boards 
of  School  Directors  the  following  calendar  of  matters  to  be 
attended  to  during  the  year  is  appended : 

JANUARY. 

The  first  day  of  January  is  a  legal  holiday.     Page  189. 

Term  of  office  of  County  Superintendent  to  begin  Janu- 
ary first.     Page  209. 

On  or  before  the  first  Monday  all  fines  Collected  for  viola- 
tion of  the  penal  laws  shall  be  turned  into  the  county  treasury. 
Sec.  1548.     Page  67. 

On  or  before  the  third  Monday  the  County  Superintend- 
ent shall  apportion  the  school  funds.  Sec.  20,  Chap.  XCVIL, 
Laws  1907,  p.  210. 

FEBRUARY. 

On  first  Monday  school  district  clerks  shall  post  at  least 
four  copies  of  the  list  of  persons  in  the  district  liable  to  pay 
poll  tax.     Sec.  1550.     Page  71. 

The  12th  day  of  February  (Lincoln's  birthday)  may  be 
observed  by  the  schools  as  a  legal  holiday.  Sec.  20,  Chap. 
CXIX.,  Laws  1903,  p.  189. 

The  22nd  day  of  February  (Washington's  birthday)  may 
be  observed  by  the  schools  a  legal  holiday.  Sec.  \,  Chap. 
XLVIIL,  Laws  1905.    Page  189. 

On  or  before  January  first,  the  Territorial  Superintendent 
of  Public  Instruction  shall  classify  the  counties  as  a  basis  for 
fixing  the  salaries  of  the  County  Superintendents.  Sec.  20, 
Chap.  XCVIL,  Laws  1907,  p.  211. 

MARCH. 

On  or  before  first  Monday  the  Territorial  Treasurer  shall 
make  a  complete  exhibit  of  all  moneys  available  for  school 


OF  the;  te;rritory  of  new  mfxico  257 

purposes  and  shall  deliver  the  same  to  the  Superintendent  of 
Public  Instruction,  who  shall,  within  twenty  days  thereafter 
make  apportionment  of  said  moneys  to  the  various  counties. 
Sec.  29,  Chap.  LXXIV.,  Law^  1899.     Page  145. 

On  second  Monday  School  Directors  shall  post  notices  of 
election  for  school  directors  to  be  held  by  them  on  first  Mon- 
day in  April.    Sec.  1532  (As  amended).     Page  61. 

On  or  before  the  third  Monday  the  County  Treasurer  shall 
notify  County  Superintendent  of  all  funds  available  for  school 
purposes.    Sec.  1548.     Page  67. 

APRIL. 

On  first  Monday  election  of  school  directors  is  held. 
Page  61. 

On  or  before  the  first  Monday  all  fines  collected  for  the 
violation  of  penal  laws  to  be  turned  into  the  County  Treasury 
to  be  used  as  county  school  fund.    Sec.  1548.    Page  67. 

On  or  before  the  first  Monday  school  district  clerks  shall 
report  to  County  Clerk  list  of  persons  liable  to  poll  tax,  and 
to  County  Superintendent  amount  of  poll  tax  collected,  etc. 
Sec.  1550.    Page  69. 

On  the  first  Tuesday  is  held  the  election  for  members 
of  the  city  boards  of  education.  Sec.  2-3,  Chap.  IX.,  Laws 
1903.    Page  173. 

On  the  third  Monday  County  School  Superintendents 
shall  apportion  school  funds.  Sec.  20,  Chap.  XCVII.,  Laws 
1907,  p.  210. 

MAY. 

On  first  Monday  term  of  office  of  school  directors  begins. 
Sec.  1532,  Sec.  2,  Chap.  LV.,  Laws  1901.    Page  61. 

On  or  before  the  first  Monday  school  directors  Shall  make 
estimate  foir  tax  levy.  Sec.  25,  Chap.  XCVII.,  Laws  1907, 
p.  214. 

On  or  before  first  Monday  oath  of  ofifice  of  school  direc- 
tors shall  be  filed  with  County  Superintendent.  Sec.  1532. 
Page  61. 

On  or  before  the  first  of  May  the  Territorial  Auditor  shall 
levy  a  three  (3)  mill  tax  on  all  taxable  property  in  the  terri- 
tory for  school  purposes.  Sec.  25,  Chap.  XCVII.,  Laws  1907. 
Page  214. 


258  COMPILATION    OF   THE   SCHOOL   LAWS 


JUNE. 

On  or  before  the  third  Monday  the  County  Treasurer 
shall  notify  the  County  Superintendent  of  all  funds  available 
for  school  purposes.     Sec.  1548.     Page  67. 

On  or  before  the  first  Monday  the  Territorial  Treasurer 
shall  make  an  exhibit  of  all  moneys  applicable  to  the  use  of 
and  support  of  the  public  schools  of  the  territory.  Sec.  29, 
Chap.  LXXIV.,  Laws  1899.     Page  145. 

The  scholastic  year  ends  June  15th;  statistical  reports 
from  school  directors,  secretaries  and  clerks  shall  be  filed  in 
the  office  of  the  County  Superintendent  within  ten  davs  there- 
after.   Sec.  24,  Chap.  XCVIL,  Laws  1907.    Page  213. 

JULY 

On  or  before  the  first  Monday  all  fines  collected  for  the 
violation  of  the  penal  laws  shall  be  turned  into  the  County 
Treasury  to  be  used  as  county  school  fund.  Sec.  1548. 
Page  67. 

The  fourth  day  of  the  month  is  a  legal  holiday.     Page  189. 

On  or  before  the  third  Monday  the  County  vSuperintend- 
ent  shall  apportion  the  school  funds.  Sec.  20,  Chap.  XCVIL, 
Laws  1907.     Page  210. 

On  or  before  the  fifteenth  of  the  month,  statistical  reports 
of  County  Superintendents  shall  be  filed  in  the  office  of  the 
Territorial  Superintendent  of  Public  Instruction.  Sec.  24, 
Chap.  XCVIL,  Laws  1907.     Page  213. 

AUGUST. 

On  or  before  the  first  day  the  city  boards  of  education 
shall  levy  a  tax  for  the  support  of  schools.   Sec.  1577.   Page  "77 . 

On  the  first  Saturday  County  Superintendents  are  re- 
quired to  be  in  attendance  at  County  Seat  for  the  transaction 
of  official  business.  Sec.  11,  Chap.  CXIX.,  Laws  1903. 
Page  187. 

On  or  before  the  fifteenth  of  the  month,  the  Territorial 


OF   the:   territory    of    new    MEXICO  259 

Superintendent  of  Public  Instruction  shall  make  an  annual 
report  to  the  Governor.     Page  214. 

SEPTEMBER. 

.  ■  • 

On  or  before  the  first  of  September  school  directors  shall 

make  enumeration  of  all  unmarried  persons  between  the  ages 

of  five  and  twenty-one.     Sec.   1,  Chap.  XXIII.,  Laws  1905. 

Page  190. 

On  or  before  the  first  Monday  the  Territorial  Treasurer 
shall  make  a  complete  exhibit  of  all  moneys  applicable  to  the 
support  of  the  common  schools  and  shall  deliver  the  same  to 
the  Superintendent  of  Public  Instruction.  Sec.  29,  Chap. 
LXXIV.,  Laws  1899.     Page  145. 

On  first  Saturday  County  Superintendents  shall  be  at 
County  Seat  for  the  transaction  of  official  business.  Sec.  11, 
Chap.  CXIX.,  Laws  1903.     Page  187. 

On  or  before  the  third  Monday  the  County  Treasurers 
shall  notfy  County  Superintendents  of  all  pioneys  available 
for  school  purposes.     Sec.  1548.     Page  67 . 

OCTOBER. 

On  or  before  the  first  Monday  all  fines  collected  from  the 
violation  of  the  penal  laws  shall  be  turned  into  the  treasury 
to  be  used  as  county  school  fund.     Sec.  1548.     Page  67. 

On  first  Saturday  County  Superintendents  shall  be  at 
County  Seat  for  the  transaction  of  official  business.  Sec.  11, 
Chap.  CXIX.,  Laws  1903.     Page  187. 

On  third  Monday  the  County  Superintendents  shall  ap- 
portion the  school  funds.  Sec.  20,  Chap.  XCVII..  Laws  1907. 
Page  210. 

NOVEMBER. 

On  first  Saturday  County  Superintendents  shall  be  in 
attendance  at  County  Seats  for  the  transaction  of  official 
business.    Sec.  11,  Chap.  CXIX.,  Laws  1903.    Page  187. 

DECEMBER. 

On  or  before  first  Monday  the  Territorial  Treasurer  shall 
make  a  complete  exhibit  of  all  moneys  applicable  to  the  support 


260  .  COMPILATION    OF   THE   SCHOOL   LAWS 

of  the  common  schools  and  shall  deliver  the  same  to  the  Su- 
perintendent of  Public  Instruction.  Sec.  29,  Chap.  LXXIV., 
Laws  1899.     Page  145. 

On  or  before  the  third  Monday  the  County  Treasurer  shall 
notify  the  County  Superintendent  of  all-  funds  available  for 
school  purposes.    Sec.  1548.    Page  67. 

The  25th  day  of  December  is  a  legal  holiday.    Page  189. 


Note. — All  days  designated  by  the  proclamation  of  the 
Governor  as  fast  or  thanksgiving  days  may  be  observed  by 
the  schools  as  legal  holidays.  Sec.  20,  Chap.  CXIX,,  Laws 
1903.     Page  189. 


INDEX  263 


INDEX 

A 


Laws.  Chap.  Sec.  Page. 

AGENTS — 

Occupation  Tax — 

Collection    1897  4142  49 

Insurance    1897  4143  99 

Real   Estate    1897  4142  99 

ADDITIONAL  TAX — (See  Tax). 

ADJACENT  TERRITORY — 

May  be  attached  to  municipality  for 

school    purposes    1897  1563  73 

When  equal  to  a  ward  of  the  muni- 
cipality may  elect  two  members  to 
the  board  of  education 1897  1563  73 

AGRICULTURAL  COLLEGE — 

Board  of  Regents,  control  vested  in.  189  7 

Appointment  and  term   of 1897 

Body  corporate   to  be 1897 

Duties  and   powers  of 1897 

" 1897 

"... 1897 

" 1897 

" 1897 

May   remove   officers    1897 

Organization    of    board 1897 

Qualification   of  members   of 1897 

Vacancies  in,   how  filled 1897 

When  and  where  to   organize.  ...  1897 
Congressional   grant,   acceptance   of.  1897 

Creation    of    1897 

Curriculum   of    1897 

Erection   of   Buildings 1897 

1897 

1897 

1897 

1897 

Experiment  Station,  location   of.  .  .  .1897 


3553 

105 

3553 

105 

3554 

106 

3555 

106 

3556 

106 

3557 

107 

3560 

108 

3567 

109 

3560 

108 

3554 

106 

3553 

105 

3553 

105 

3554 

105 

3567a 

109 

3551 

104 

3553 

105 

3556 

106 

3557 

107 

3562 

108 

3566 

108 

3631 

109 

3557 

107 

3560 

108 

3557 

107 

3565 

108 

3551 

104 

3560 

108 

3552 

105 

3554 

105 

3574 

109 

3575 

109 

1-3 

160 

264  iND^x 

Laws.  Chap.  Sec.  Page. 

Faculty,    duties   of 1897 

Land    for,   to   be   donated 1897 

Land    for,    to   be   donated 1897 

Location    of    1897 

Management  of 1897 

Non -sectarian,   to   be 1897 

Officers  of,  selection  of,  duties 1897 

Officers  of,  selection  of,  duties 1897 

Officers  of,  selection  of,  duties 1897 

Records   and    itemized    accounts.  ...  1901        98 

Report  to  Governor  and  Superin- 
tendent of  Public   Instruction.  ..  .1903      119  18  188 

Separate    accounts    of    money    from 

school    lands    1899        74  7  145 

ALCOHOL.IC  DRINKS  AND  NARCOTICS — 

Special     Instruction     in     Territorial 

Schools,   U.    S.   Statutes 362  1  4 

School   officer  to   enforce   provisions 

for  instruction  in  U.  S.  Statutes.  .  362  4  5 

Penalty  for  failing  to  enforce  in- 
struction in  U.  S.  Statutes 36  2  2  5 

Teachers  to  be  examined  in  Physi- 
ology and  Hygiene  with  .special 
reference  to  sistemic  effects  of 
U.    S.   Statutes 362  3  5 

APPEAL — 

Prom  decision  of  county  superintend- 
ent concerning  changes  in  district 
to    county    commissioners 1907        97  22  213 

Tubercular   teachers   may   appeal   to 

Board  of  Health.  .  „ 1903        92  1  156 

APPORTIONMENT — (See  School  Funds). 

APPRAISEMENT — 

Of  lands  conveyed  to  Board  of  Edu- 
cation of  school   districts 1897  1602-1611  83 

New,  of  parcels  of  land  to  be  sold  by 
boards  of  education  of  school  dis- 
tricts     1897  1607  84 

Of    school    sections    or    other    terri- 
torial    lands    when     valuable     for  " 
manufacturing  and   townsite   pur- 
poses.    Lands  to  be  sold  or  leased.  1907      104  39  218 

APPRAISERS — 

Boards  of  Education  to  appoint.  .  .  .1897  X602  83 


1611 

85 

1603 

83 

1604 

84 

1607 

84 

1609 

85 

1608 

85 

1605 

84 

1610 

85 

1606 

85 

1602 

83 

INDEX  ^  ^  265 

Laws.  Chap.         Sec.  Page. 

Deeds,  how  executed 1897 

Duty,    of    1897 

Lots  not  to  be  sold  for  less  than  ap- 
praisement     1897 

New  appraisement    1897 

Persons  having  improved  may  pur- 
chase   .., 1897 

Proceeds  of  sale,  how  applied 1897 

Public  sale  advertised    1897 

Purchase  to  pay  certain  expenses.  .  1897 

Sale  may  be  continued 1?97 

To  be  appointed    1897 

APPRENTICED  CHILDREN — 

To  to  be  given  at  least  three  months 

of  school  annually    1897  1479  56 

APPRENTICESHIP — 

Guardian  to  choose  masters  for  ap- 
prentices under  ten  years  of  age.  .1897  1481  57 

Parents  may  apprentice  minor  child- 
ren  1897  1485  57 

Persons  to  whom  child  is  appren- 
ticed to  give  bond  to  properly 
clothe,  treat  and  instruct  child... 1897  1473  56 

Probate  Clerk  to  apprentice  child- 
ren of  parents  unable  or  neglect- 
ing to  suport  and  educate  them.  .1897 

Probate  Court  to  hear  and  deter- 
mine complaints  of  apprentices.  .  1897 

Provisions  for  education  of  children 
apprenticed  by  parents    1897 

APPROPRIATION  FOR  INDIGENT  STUDENTS — 

At  Territorial  Educational  Institu- 
tions    1907        89  29-36  141 

At  Territorial  Educational  Institu- 
tions  ..  . 1909      127  8  253 

APPROPRIATIONS  FOR — 

61st  and  62nd  Fiscal  Years 1909  127  250 

Charitable    Institutions    1909  127  2  251 

Educational  Institutions    1909  127  2  251 

Deficiencies     1909  127  13  254 

Indigent  students  at  institutions.  .1909  127  8  253 
Superintendent  of  Public  Instruc- 
tion      1909  127     '  6  254 


1482 

57 

1485 

57 

1484 

57 

29 

145 

3676 

135 

1 

130 

3 

131 

3 

25 

214 

1 

160 

1625a 

88 

1625a 

88 

1625a 

88 

1625a 

88 

266  .  INDEX 

Laws.  Chap.  Sec.  Page. 

AUDITOR — 

Apportionment   of  school   funds.  ...  1899        64 

Deaf  and  Dumb  School,  duty  of  as  to.l897 

Military     Institute,     to     countersign 

bonds   1901  6 

Tax  levy  for  bond  deficiency 1901  6 

Levy  tax  for  Orphan  Home  at  Belen.1903  6 

Levy  tax  to  reimburse  subscribers 
for  completion  of  buildings  of  Las 
Vegas  Normal  University ...1899        18  7  124 

Levy  territorial  tax  for  school  pur- 
poses  1907        97 

Territorial  Institutions  to  account  to.  1901        98 

ARBOR  DAY — 

Day   set  apart  as 1897 

Governor  to  issue  proclamation.  ...  1897 

How  designated,   proclamation 1897 

To  be  public  holiday 1897 

ARCHAEOLOGICAL  SCHOOL — (See  Museum). 

ASSESSMENT  OF  TAXES — (See  Taxes). 

ASSESSOR — (See  County  Assessor).     , 

ASSISTANT  SUPT.  OF  PUBLIC  INSTRUCTION — 

Appointment,    salary,    section     (An- 
nulled     by      appropriation      bill)  _ 
which  makes  the  governor  the  ap- 
pointing  power    1907        97                      16  208 

ASSOCIATIONS,  INDUSTRIAL  OR  BENEVO- 
LENT— (See  Corporations). 

ATTENDANCE,  COMPULSORY — (See 

Compulsory  Attendance). 
ATTENDANCE,  SCHOOL— 

■   Actual  residents  permitted  to  attend 

regardless  of  race  or  nationality.  .1897  1550  71 

ATTORNEY — (See  District  Attorney). 

B 

BALANCES —  • 

Due  county  to  be  turned  into  county 

treasury 1897  684  40 

BAWDY  HOUSES — 

Location   with   reference   to   schools, 

colleges,  etc 1901        84  1-8  164 


INDEX  267 

Laws.  Chap.         Sec.  Page. 

BLANKS — 

Superintendent  of  Public  Instruction 

to  prepare  and  distribute 1907        97  13  208 

BOARD  OF  APPRAISERS — (See  Appraisers). 
BOARD  OF  EDUCATION,  cities  and 

towns  (see  Cities  and  Towns). 
BOARD  OF  EDUCATION,  TERRITORIAL — 

Certificates,  county  to  issue 1907        97  3  201 

Certificates,  Territorial  to  issue  and 

endorse     certificates     from     other 

states    and    to    grant    county    first . 

grade  to  graduates  of  St.  Michael's 

College 1907        97  4  202 

Certificates,  empowered  to  revoke  of 

teachers  or  institute  instructors.  .  1907        97  7  205 

County    Superintendent,    to    approve 

qualification  of,  L.  '07,  C.   97,  Sec. 

18     A. 1909      121  II  250 

General    Powers,    grant,    renew    and 

revoke      certificates,      adopt      text 

books  and  course  of  study,  control 

institutes  and  other  duties 1907        97  2  201 

Organization  and  Compensation,  Ap- 
pointment.      Place    and     time     of 

meeting,  L.  '07,  C.  97,  Sec.  1.  .  .A.  1909      121  4  248 

Supt.    of    Public    Instruction    to    be 

secretary  of.  Copy  of  record  re- 
ceived as  evidence  in  courts 1907        97  15  208 

Text     Books,     empowered    to    adopt 

and  approve  supplementary  books.1907        97  9  205 

BOARDS  OF  DIRECTORS — (See  Directors). 
BOARDS  OF  REGENTS — 

Health  certificates  to  require  of  in- 
structors  1901         43  2-3  154 

Improvements,     to     expend     money 

from  lands  for 1905        72  1  193 

Reports  to   make  to  Supt.  of  Public 

Instruction    1905        72  2  193 

BOARD  OF  TRUSTEES — 

Property,     may    transfer    to    school 

districts    1897  1600  82 

BOND — 

To  be  filed,  if  duplicate  is  issued  for 

lost  warrant,  check,   etc 1897  400  33 


1 

162 

1588 

81 

1 

162 

.  3 

162 

268  INDEX 

Laws.  Chap.         Sec.  Page. 

Required  of  County  Treasurer  as 
Treasurer  of  School  fund,  Supt.  of 
Public  Instruction  to  approve.  ...  1897  1538  64 

BONDS,  CITY  OR  TOWN— 

Cities  and  Towns  may  refund  out- 
standing bonds    1901      103 

Coupons  to  be  paid  promptly.  How 
cancelled    1897 

Issued  for  school  purposes  validated 

and  legalized    1901      103 

Manner    of    issuing    and     refunding 

bonds 1901      103 

BONDS — 

Assessor  to  make  assessment  of  dis- 
trict after  boundaries  are  estab- 
lished      1897  1547  66 

Boards  of  directors  and  boards  of 
education  authorized  to  issue  for 
refunding    ■ -,....1899        58  26  144 

By  whom  executed.    What  they  shall 

specify   ^ 1897  1386  80 

County  Commissioners  to  examine 
into  sufficiency  of  county  officers' 
bonds   1897  687  41 

Election  may  be  ordered  by  board  of 
education  for  purchasing  site  and 
building  school  house.  Terms  of 
bonds   ;...1897  1584  79 

Forfeitures  or  recoveries  on  bonds 
to  go  to  school  fund 1897 

Form — Funding  Act,    1893 1897 

Issue  to  satisfy  warrant  holders  ob- 
taining judgment.  Funding  Act 
1893    1897 

Issue  of  for  payment  of  indebted- 
ness  1897    1897 

Issue  of  for  payment  of  indebted- 
ness  1897    1897 

Issue  on  or  before  August  1,  1905, 
to  pay  indebtedness    1905 

Issue  in  1905.  Rate  of  interest.  Ma- 
turity.    How  signed 1905 

Issue  in  the  sum  of  $500,000  to  be 
expended  for  building  and  equip- 
ping school  houses 1909  7  1  224 


1584 

67 

323 

26 

323 

26 

290 

17 

379 

30 

74 

2 

194 

74 

3 

194 

INDEIX  269 

Laws.  Chap.  Sec.  Page. 

issue  for  school  building  to  be  or- 
dered    by     couny     superintendent 

upon  petition   1899        46 

Issue  to  be  determined   by   qualified 

voters 1897 

Mayor    to    call    election    for.       How 

canceled.      Returns    to    Board    of 

Education    1897 

Method    of   cancelling   bonds    issued 

for   1897  indebtedness 1897        42 

Not  to  be  issued  until  boundaries  of 

school    district    have    been    estab- 
lished  1897 

Of  1905.     County  Commissioners  to 

levj'  tax  for  interest.  Redemption .  1905        74 
Provisions    for    Redemption    in    City 

and  Town 1897 

School   directors   to   issue   bonds   for 

school  purposes 1897 

T6  be  attested  by  clerk.     Old  bonds 

to  be  destroyed    1899        58 

To  be  registered  by  clerk  of  boards 

of  education 1897 

BONDS   ISSUED   IN   LIEU   OP   EXE- 

CUnON  IN  1897 — (See  Indebted- 
ness to  be  determined  on  the  first 
Monday  in  May,  1897). 

BONDS,  TERRITORIAL  COMMON  SCHOOL — 

Governor,  Secretary  and  Supt.  of 
Public  Instruction  to  constitute 
board  for  managing 1909  7  10.  227 

BOOKS — 

Territorial  Board  to  adopt ... 1907        97  9  205 

To  be  purchased  for  indigent  child- 
ren  1897  1555  70 

BOUNDARIES — 

To  be  established  before  Bonds  can 

be  issued 1897  1545  66 

BOUNDARY  LINES — 

Of  School   District  to  be  located  by  ,^ 

county  surveyor 1907        97  23  213 

JIow  changed 1907        97  22  212  . 


1 

140 

1542 

65 

1585 

80 

298 

20 

1545 

66 

4 

195 

1587 

80 

1541 

65 

26 

144 

1590 

81 

1 

190 

1535 

63 

1535 

63 

1 

190 

2 

190 

270  INDEX 

Laws.  Chap.  Sec.  Page. 

BUILDING  SCHOOL  HOUSE — 

Territorial    Common    School    Bonds 

issued  for 1909  7  11  227 

(See  also:  Bonds,  School  Houses,  Tax). 

BURNING     SCHOOL     HOUSES — (See 
Crimes  and  Offenses). 

c      . 

CANCELLATION  OF  BONDS — (See  Bonds). 

CEMETERY — 

School  sections  may  be  sold  for.... 1909      106  •.       9  244 

CENSUS — 

Compensation  for  taking 1905        23 

Date  of  taking 1897 

Of  school  children,  by  directors.  .  .  .1897 

By  clerk  of  city  board 1905        23 

Penalty  for  false  enumeration 1905        23 

CERTIFICATES,  TERRITORIAL— 

To     be    Issued     by     the     Territorial 

Board 1907        97  4  202 

CERTIFICATES — 

Teachers'  county  to  be  issued  by 
Territorial  Board  of  Education. 
Grading.  Compensation  of  Read- 
ers. Grade  of  certificates.  Re- 
newals     1907        97  3  201 

Teachers'  and  Institute  Instructors' 
may  be  revoked  by  Territorial 
Board   of  Education 1907        97  7  205 

CHARITABLE  CORPORATIONS — 

May  not  acquire  more  than  $50,000  *  -» 
worth    of   real    estate.      U.    S.    Re- 
vised Statutes 1890  8 

CHILDREN  OF  SCHOOL  AGE — 

Between  5  and  21  to  be  enumerated.  1985        23  1  190 

To  be  sent  to  public  schools,  unless 
attending  denominational  or  pri- 
vate schools  or  unless  they  reside 
more  than  three  miles  from  public 
school 1897  1555  70 


1563 

72 

1580 

78 

1555 

70 

1590 

81 

1576 

77 

INDEX  271 

Lafvs.  Chap.  Sec.  Page. 

CHILDREN,  MINOR — 

Provision  for  support  and  education. 1897  2055  93 

CHILDREN — 

Of  habitual  drunl^ard  to  be  educated 
from  income  and  principal  of  said 
drunkard   by   committee 1897  1911  92 

CITIES  AND  TOWNS — 

Boards  of  Education — 

Adjacent     property     may     be     at-  • 

tached      to      municipality      for 
school    purposes    1897 

Annual  report    ^1897 

Attendance,  empowered  to  compel. 1897 

Bonds,  Clerk  to  register 1897 

Bond    1897 

Bonds,  election  for  term.  How 
cancelled.  Returns.  By  whom 
executed.  What  they  shall  spe- 
cify.     Sinking  Fund 1897  1584-1590  79 

Bonds  issued  for  school  purposes. 
Validated  and  legalized.  Cities 
and  towns  may  refund.  Man- 
ner  of  issuing    1901      103  1-3  162 

Clerk   of    1897  1575  77 

Collection,   for  current  year  when 

insufficient.      Fees,    Salaries    to  • 

be  reduced.     Indebtedness  to  be 

pro   rated    1897  300-301  21 

Compulsory      school      attendance. 

Penalty,  L.   1897,  Sec.   1555.. A. 1909     . 

Condemnation  of  land   1897  1553  69 

Corporation  may  hold  real  estate.  1897  1564  74 

Current  year  to  begin  1st  of  Sep- 
tember  1897  304  23 

Debts,  unlawful  to  contract  which 
cannot  be  paid  out  of  funds  col- 
lected for  current  year.*Penalty.l897  299  21 

Debts  contracted  up  to  August  1, 
1905,  by  Boards  made  binding. 
Bonds  for  covering  indebtedness. 
Denomination.  Interest.  County 
Commissioners  to  levy  tax.  Re- 
demption  1905        74  1-4  194 

Elected,   how    1897  1567  75 


13   . 

208 

1 

191 

2  . 

191 

272  INDEX 

Laws.  Chap.  Sec.  Page. 

Exemptions    from    tax    for    school 

purposes    1897  1560  71 

Exemptions    from    taxation,    head 

of   family    1901        95  8  159 

Expenditures.      Limitations 1897  1581  78 

Fine,  any  member  liable  to  for  re- 
fusing to  receive  pupils  on  ac- 
count of  race  or  nationality   .  .  .1897  1556  71 

Fines  for  giving  or  selling  liquors 
or  tobacco  to  minors  or  allow- 
ing them  tp  loiter  about  places 
where  liquor  or  tobacco  is  sold, 
to  go  to  county  school  fund.  .  .  .1901  3  1-6  148 

Flag   Day,    program    furnished    by 

Supt.  of  Public  Instruction^  .  .  .  .1907        97 

Flags,   to   provide    1905        48 

Flags,  shall  cause  to  be  displayed.  1905        48 

Gambling,  prohibited  when  effect- 
ive     1907        64  1-6  196 

Graded  school  system  to  be  organ- 
ized and   maintained    1897  1569  76 

Health   certificates,    to    require    of 

instructors    1901        43 

High  School,  may  be  established.  .1897 

Holiday,  legally  defined   1903      119 

Indebtedness  to  be  refunded. 
Bonds  and  interest  coupons, 
how  attested.     Form  of  bonds.  .  1899        58  13,26  144 

Indigent    pupils,    may    buy    books 
.  for.      Proviso    1897  1555  70 

Institutes,  special  may  be  held...  1901        27  3  151 

Land,  unsold  parcels  to  be  deeded 

to 1897  1601  82 

Land,  when  conveyed,  to  be  ap- 
praised. Money  how  applied. 
Persons  having  improved  may 
purchase.      Deeds    1897  .      1602-1611  83 

Licenses,  accruing  to  county  school 

fund    1897  4125-4153  97 

May  attach  adjacent  territory  to 
municipality  for  school  pur- 
poses     1897  1563  72 

May  buy  and  sell  land  on  appraise- 
ment— (see  appraisers). 

May  exclude  children  between  five  «     - 

and  seven  years  of  age 1897  1562  72 


2-3 

154 

569 

76 

20 

189 

12 

250 

61 

68 

1-3 

197 

1560 

71 

1579 

82 

INDEX  273 

Laws.  Chap.  Sec.  Page. 

Non-resident    pupils    may    be    ad- 
mitted.     Tuition.      School     tax 
paid  to  be  credited 1907        97  29  216 

Obstruction  of  streets,  illegal.  Pen- 
alty. Fine  to  go  to  county 
school  fund    1897  2677-2678  95 

Of  the  city  of  Santa  Fe — (See 
Santa  Fe). 

Penalty  for  failure  of  any  member 

to   perform   duties 1909      121 

Poll  tax,  L.  1897,  S.  1549-1550.  .A. 1905 

Poll   tax,    collection   facilitated   by 

having  employers  furnish  lists.  .1907        96 

Property,  exempt  from  taxation.,.  1897 

Property,  transfer  of  ratified 1897 

Property,     to     be     transferred     to  ^ 

school   district    1897  1600  82 

Unsold  parcels  of  land  to  be  deed- 
ed to  Board  of  Education 1897 

Qualification  of  members 1897 

Real  Estate,  may  be  acquired.  .  .  .1897 

Regular  meetings    1897 

Report,  principals  and  superin- 
tendent to  make  to  county  su- 
perintendent    1903      119  8  186 

Reports,  statistical  to  be  filed  with 
county  superintendent  by  clerk 
on  or  before  July  15 1907        97  24  213 

Reports,     to    be     made     annually, 

printed  and  distributed 1897  1580  78 

Reports,  clerks  to  make  to  county 

superintendent  June  25th 1907        97  24  213 

School  Day  and  Month,  definition 

of    1897  1557  71 

School  Fund,  Temporary.  Pro- 
ceeds of  interstate  estates,  for- 
feitures, fines,  lost  goods,  or 
estrays,  liquor  licenses,  to  be 
paid  to  county  treasurer  for 
county  fund 1897  1548  67 

School  house,  to  provide  and  keep 
in  repair.  Levies  for  the  pur- 
pose     1907        97  25  214 

School  Property  exempt  from  tax- 
ation  1897  1583  79 

Schools  to  be  free  to  all  children 
and     to     be     kept     open     three 


1601 

83 

1567 

75 

1552 

69 

1579 

78 

3 

151 

3 

151 

25 

214 

274  IND15X 

Laws.  Chap.         Sec.  Page. 

months.      Exceptions    1897  1562  72 

Sectarian     Doctrines     not     to     be 

taught    1897  1582  79 

Smallpox,  duty  of  board  of  educa- 
tion      1903      103  29,31  184 

Superintendent,  to  employ.  Insti- 
tutes, to  hold.     Taxes,  to  levy.  .  .1901        27 

Tax  for  school  purposes 1901        27 

Tax  levied  for  school  purposes.  .  .1907        97 

Tax  levy  for  interest  on  bonds  and 

sinking  fund.      Proviso.. 1897  1587  80 

Taxable  property  of  whole  city  or 

town  subject  to  taxation 1897  1578  78 

Teachers  entitled  to  full  pay. 
Holidays.  Penalty  of  school  of- 
ficers for  violation  L.  '07,  Chap. 
97,  Sec.  26    A. 1909      121  10  250 

Teachers  to  be  paid  monthly  un- 
less funds  are  not  available.  ...1901        57  1  158 

Term  of  office,  extension  of.  Date 

of  next  election 1903  9  2  173 

Election  of  city  officers,  members 

of  board  of  education 1903  9  3  173 

Text  books,  uniform  adopted  by 
Territorial  Board  of  Education 
to  be  used  in  first  eight  grades. 
Penalty    1907        97  9  205 

To  ascertain  and  pass  upon  in- 
debtedness on  first  Monday  in 
May,  1897,  and  issue  bonds  in 
lieu  of  execution 1897  285-306  13 

To  be  bodies  corporate 1897  1564  74 

Treasurer  to  publish  notice  of  suf- 
ficient funds  to  redeem  bonds 
for  1897   indebtedness   1897        42  296  19 

Tuition,  non-residents  to  pay.  Re- 
striction   1907        97  29  216 

Unlawful  for  town  or  city  officials 
to  buy,  sell,  or  speculate  in  evi- 
dence of  indebtedness.  Penalty.  1897 

Vaccination,  duty  in  regard  to.  .  .1903      103 

Vaccination,  to  enforce  in  cities.  .1901        17 

Regular  and   Special   meetings.  ..  1897 

Contracts  to  be  let  to  lowest  bid- 
ders  1897  1581  78 

Sectarian     doctrines     not     to     be 

taught    1897      _  1582  78 


406-408 

35 

29 

184 

26 

150 

1579 

78 

INDEX    ■  275 

Laws.  Chap.  Sec.  Page. 

Treasurer   of   city    or   town    to   be 

treasurer  of  board  of  education. 

Bond    1897 

Pay,   not  to  receive 1897 

President,  duties  of 1897 

Vice-President,  duties  of 1897 

Clerk,  duties  of .' 1897 

Clerk's  bond 1897 

Tax,  may  levy  additional 1897 

Tax  to  be  paid  in  money 1897 

Bonds,    election    may    be    ordered 

for  issuing    1897 

Mayor  to  call  election  for 1897 

Bonds,  how  signed   1897 

Coupons,  how  paid   1897 

School  fund  pledged   for  payment 

of  coupons  on  bonds 1897 

Bonds  to  be  registered 1897 

Officers    to    take    oath    and    give   . 

bonds   1897 

Transfers  of  school  property 1897 

Real  estate,  may  hold 1897 

Deeds,  how  executed 1897 

Boards,   how   elected    1897 

Vacancies 1897 

General  Powers 1897 

CLASSIFICATION  OF  COUNTIES — 

Determining  county  superintendent's 

salary,  L.  1905,  C.  60,  Sec.  5.  .  .A.  1907        97  21  211 

Classification   of   counties 1905        60  1  192 

CLERK — PROBATE — (See  Probate  Clerk). 

CLERKS — School  Board — 

Collect  and  report  poll  tax 1897 

Duties   of    1897 

Give  Bond 1897 

Publish  compulsory  education  act.  ..1897 

Register  warrants 1897 

Register  bond  issue 1897 

Report  deaf  and  dumb  persons 1899        42 

Report  to  County  Superintendent.  .  .1897 

COLLECTIONS  FOR  CURRENT  YEAR — 

Not   to   be   used   to   pay   debts   con- 
tracted the  previous  year  or  years.  189 7        42  299  21 


1571 

76 

1572 

77 

1573 

77 

1574 

77 

1575 

77 

1576 

77 

1577 

77 

1578 

78 

1584 

79 

1585 

80 

1586 

80 

1588 

81 

1589 

81 

1590 

81 

1591 

81 

1592 

82 

1565 

74 

1560 

75 

1567 

75 

1568 

76 

1569 

76 

1549, 

1550 

68 

1575 

77 

1575, 

1591 

77,  81 

1555 

69 

1590 

81 

1590 

81 

4 

139 

1535. 

1550 

63,  69 

276  -     INDEX 

Laws.  Chap.  Sec.  Page. 

COMMON  LANDS — See  Lands,  Common). 

COMMON  SCHOOLS — (See  Schools). 

COMMISSIONER  OF  PUBLIC  LANDS — 

To  receive  and  pass  upon  all  applica- 
tions   for    leasing    or    purchasing  ^ 
territorial  lands  and  timber 1909      106  3  241 

May  sell  or  lease  school  sections  or 
other  territorial  lands  when  valu- 
able for  manufacturing  and  town- 
site   purposes    1907      104  39  218 

COMAHSSIONERS — (See  County  Commissioners). 

COMPILATION — (See  School  Laws). 

COMPULSORY  SCHOOL  ATTENDANCE — 

Directors  and  Boards  of  Education 
to  compel  parents,  guardians,  etc., 
to  send  children  to  public  schools. 
Proviso.  Violations  to  be  brought 
before  grand  jury.  Penalty.  Fine 
to  go  to  school  district,  L.  1897, 
Sec.   1555    A. 1909      121  1  247 

CONTRACTS   OF   INDEBTEDNESS — 

(See  Indebtedness). 

CONTRACTOR — 

May   receive   bonds   in   payment   for 

building  school  house    1897  1542  65 

CORPORATIONS — 

Clerk  of  organization  to  make  record  • 

of   meetings   and    certify   same   to 
*      Probate  Clerk  for  record 1897 

Copy    of    by-laws    to    be    filed    with 

Territorial   Secretary    1897 

_     Corporations  to  then  have  usual  cor- 
porate powers  and  privileges 1897 

Organization  of  literaiy,  scientific 
and  other  societies 1897 

Organizers  to  be  body  corporate.  .  .  .189  7 

Provisions  for  organizing  corpora- 
tions for  religious  or  charitable 
purposes .  .  ,  ; 1897  .  462  38 


458 

39 

465 

39 

464 

39 

457 

36 

463 

39 

INDEX  277 

Laws.  Chap.         Sec.  Page. 

Real  Estate  of  corporation  not  to 
be  sold  or  mortgaged  without  con- 
sent of  the  supreme  court 1897  466  39 

Trustees  or  directors  to  have  per- 
petual  succession    1897  459  37 

Society  may  elect  officers  and  make 

by-laws    1897  460  38 

Vacancies  in   Boards  of  Trustees   or 

directors    .....1897  461  38 

CORPORATIONS  OR  INDIVIDUAIiS— 

Special  legislation  forbidden  in 
granting  exclusive  privileges  to  U. 
S.   Statutes    .  .^ 818  1  6 

COST  OF  SUIT— (See  Suit). 

COUNTIES — 

Classified  and  county  superintend- 
ent's salaries  filed,  L.  '05,  C.  60, 
Sec.  1,  5    A.  1909 

Shall  not  incur  debts  aggregating 
more  than  4  per  cent  of  value  of 
taxable  property.     U.  S.  Statutes..  818  4  7 

COUNTY  ASSESSOR— 

Duties  as  to  tax  levies 1897  1547-1549  66 

Duties  as  to  licenses .1897  4147  100 

Shall  provide  directors  with  copies 

of  taxable  property  in  district.  .1897  1547  66 

COUNTY  CERTIFICATES — (See  Cer- 
tificates). 

COUNTY  CLERK —  . 

To  receive  duplicate  receipt  from  of- 
ficers collecting  fines  which  go  to 
school  funds 1897  1548  67 

To  receive  list  of  persons  liable  to 
poll  tax  on  or  before  first  Monday 
in  April 1897  1550  69 

COUNTY  COLLECTOR — 

To  keep  account  of  special  levies.  .  .1897  1540  64 

To  pay  over  money  collected  within 

thirty  days  after  the  tenth  of  the 

month  in  which  collection  is  made.1897  1539  64 


278  INDEX 

Laws.  Chap.         Sec.  Page. 

COUNTY  COM]\IISSIONERS — 

Appoint  Indigent  Students 1907        89  29-36 

Appoint  Indigent  Students    1909      127  8  253 

County  Commissioners  to  examine 
into  sufficiency  of  county  officers' 
bond  and  to  require  new  bonds 
when  necessary 1897  687  41 

May  appoint  county  superintendent, 
in  the  absence  of  any  one  properly 
qualified,  upon  nomination  of  Ter- 
ritorial Board  of  Education 1907        97  18  209 

May  remove  from  office  persons  who 
fail  to  make  statements  as  re- 
quired, of  accounts 1897        60  12  43 

Shall    pay    claimants    quarterly    the 
amounts   allowed   unless   a   larger 
,      sum  allowed  by  the  court 1897  4  303  23 

To  allow  expenses  of  county  superin- 
tendent quarterly    1907        97  19  210 

To  levy  tax  annually  equal  to  at 
least  ten  per  cent  and  not  greater 
than  twenty  per  cent  as  sinking 
fund  to  retire  bonds  issued  in  lieu 
of  execution  for  payment  of  in- 
debtedness,   1897    1897        42  296  19 

To  levy  tax  annually  to  pay  interest 
and  redemption  of  bonds  issued 
to  satisfy  judgments  originating 
prior  to  Feb.  26,  1891 1897  319  24 

To  levy  tax  for  interest  of  bonds  is- 
sued in  1905  to  pay  indebtedness.  1905        74  4  195 

To  levy  tax  to  pay  interest  and  one-  • 
tenth  par  of  original  of  bonds  is- 
sued under  act  to  fund  school  in- 
debtedness   1897                               380  30 

To  determine  indebtedhess,  the  first 

Monday  in   May,    1897 1897  285-288  13 

To  hear  appeal  in  matter  of  chang- 
ing districts 1907        97  22  212 

To  receive  certificate  of  local  levies 

and   pass  thereon    1907        97  25  214 

COUNTY  INSTITUTES — (See  Institute). 

COUNTY  OFFICERS— 

County  Commissioners  to  examine 
into  sufficiency  of  county  officers' 


INDEX  279 

Laws.  Chap.         Sec.  Pa^e. 

bonds 1897  687  41 

County  officers  not  to  act  as  sureties 

on  bonds  of  other  officers 1897  843  43 

County  officers  to  file  quarterly  state- 
ments   of    receipts    and    disburse- 
ments      1897         60  12  43 

Must  be  able  to  read  and  write  either 
English  or  Spanish  well  enough 
to  keep  their  own  record 1897  857  43 

Not  allowed  to  speculate  in  Terri- 
torial or  county  evidences  of  in- 
debtedness  1897         '  405  34 

Officers  failing  to  so  account  liable 

to  fine    1897  '     686  40 

Persons  responsible  for  county 
money  to  render  account  at  Janu- 
ary term  or  at  other  times 1897  684  40 

Persons  unable  to  write   English   or 

Spanish  are  ineligible  for  office.  ..1897  857  43 

Penalty  for  abstracting,  destroying, 
mutilating     or     defacing     probate 

clerk's  flies  of  county  newspapers.  1897  771  42 

When  guilty  of  embezzlement.  ...  1897  1125  45 

Penalty  for  interfering  with  county 

surveyor's    official    duties    1897  791  42 

Probate  Clerk  to  bind  and  preserve 

copies  of  county  newspapers 1897  769  41 

Probate  Clerk  to  subscribe  to  all 
newspapers  published  in  the 
county    1897     *  768  41 


COUNTY  SUPERINTENDENT— 

■Appeals    from    decisions    concerning 
organization  or  changing  of  school 

-  districts 1907 

Apportionment  of  school   fund 1903 

Apportionment  of  school  fund.  ....  1907 
Apportionment  of  school  fund.  .  .A.  1909 

Approve  bond  issue   1897 

Arbor   Day,    to   promote    observance 

of   1897 

Bond,  Amount,  conditions 1907 

Boundaries  of  school  districts 1907 

Building  of  school  houses  from  pro- 
ceeds of  territorial  common  school 


97 

22 

212 

.99 

15 

97 

25 

214 

121 

8 

249 

1542 

65 

1625a 

88 

97 

19 

210 

97 

23 

213 

280  INDEX 

Laws.  Chap.  Sec.  Page. 

bond  issue,  to  approve 1909  7  11  227 

Compulsory  attendance,  vested  with 

supervisory  powers  in  regard  to..  .1897.  1665  70 

Contests  in  election  of  directors  to 
be  filed  within  30  days  with  county 
superintendent 1897  1532  61 

Districts  may  create,  divide  or  or- 
ganize when 1907        97         »  22  212 

Duties 1907        97  20  210 

Election     for     issuance      of     school 

bonds,   may  call    1899        46  1  140 

Election,  qualifications,  term,  pen- 
alty for  paying  money  to  a  super- 
intendent not  legally  qualified. 
Duty  of  Territorial  Board  of  Edu-  - 

cation 1907        97  18  219 

Examine  school  directors'  accounts.  1903      119  11 

Institute,  to  hold  with  advice  of  ter- 
ritorial superintendent,  collect 
fees  and  make  disbursements  with 
consent  of  territorial  supt 1907        97  6  203 

Jurisdiction,  over  schools  in  county 
except  city  schools  subject  to 
Supt.  of  Public  Instruction.  To 
receive  reports  from  all  schools. 
To  visit  schools.  Supervise  meth- 
ods of  instruction.  Consult  with 
school  directors  as  to  expendi- 
tures, etc.  Organize,  or  disorgan- 
ize school  districts.  iMake  appor- 
tionments     1907        97  20  210 

Liable  on  his  bond  for  failure  to 
make  annual  report  to  territorial 
superintendent 1897 

Oath,  to  take 1907        97 

Office  Expense,  how  paid 1907        97 

Penalty  for  failure  to  perform  duties.  1909      121 

Permits    to    teach,    temporary,    may 

grant.     Restrictions    1907        97  5  202 

Poll  Tax,  to  receive  names  of  per- 
sons who  have  paid.  Notice  of 
amount  collected  and  names  of 
delinquents   1897  1550  69 

Powers    General,    L.    '07,    C.    97,    S. 

■      20     A. 1909      121  8  249 

Public  health,  duty  in  regard  to 1903      103  29  184 


528 

60 

19 

210 

21 

211 

12 

250 

11 

250 

12 

188 

13 

188 

24 

?13 

INDEX  281 

Laws.  Chap.  Sec.  Page. 

Qualifications,  L.  '07,  C.  97,  S.  18. A.  1909      121 

Report  illegal  warrants  of  directors.  1903      119 

Remove  school  director  who  fail  to 

take   census    1899      119 

Report,   to   whom,   contents 1907        97 

Required  to  enforce  statute  concern- 
ing teaching  of  alcoholic  drinks 
and  narcotics.  U.  S.  Statutes, 
49th  Congress,   first  session 362 

Salary     per     classifica^on,     L.      '05, 

Chap.    60,    Sec.    5 A.  1007        97 

How  paid,  L.  '07,  Chap.   97 A. 1909        43 

Teachers,  examination  of 1907        97 

Term  of  office   1907        97 

To  leave  in  county  school  fund  suf- 
ficient to  meet  warrants 1907        97 

To  leave  in  county  school  fund  suf- 
ficient to  meet  warrants 1909      121 

To  post  notice  with  full  description 

of  newly  formed  districts 1907        99 

To  appoint  time  and  place  for  elec- 
tion  of   school    directors 1907        99 

To   appoint   directors,    if   election    is 

not  held    1907        99 

To    endorse    all    orders    for    money    to 
be  paid  out  by  district 1897 

To  enforce  vaccination.     Penalty ...  1901        17 

To  make  a  report  of  county  schools 
to  the  Territorial  Superintendent 
on  or  before  October  15th,  annu- 
ally      1907        99  1  59 

To  report  concerning  number  of  dis- 
tricts, salaries,  receipts  of  taxa- 
tion,  etc.,   etc 1907        99  1  59 

To  order  directors  to  submit  ques- 
tion of  issuing  bonds  for  building 
school   house    1899        46  1  140 

To  order  portion  of  school  fund  set 
aside  as  building  fund.  To  order 
building 1899        46  2  140 

To  receive  annually  a  report  of  each 

district     1897  1535  63 

To  receive  certificate  of  election  of 
election  of  directors  together  with 
ballots  cast  in  election 1897  1532  61 

To  receive  petition   for  the  erection 


21 

211 

2 

233 

3 

201 

18 

209 

20 

210 

8 

249 

1 

59 

1 

59 

1 

59 

1536 

63 

26 

150 

1556 

71 

26-27 

150 

29-31 

]84 

11 

1S7 

282  INDEX 

Laws.  Chap.         Sec.  Page. 

of  a  school  building  and  forward 

same     to     county     treasurer     who 

shall    inform    directors    of    money  ' 

ready  for  use 1903        37  2  170 

To   remove   directors   failing   to   call 

election   for   directors    1897  1532  61 

To  remove  school  officers  for  refus- 
ing to  receive  pupils.  May  be 
himself  removed  by  Territorial 
Superintendent  for  failing  to  act.  .1897 

Vaccination,  duty  to  enforce 1901        17 

Vaccination,  duty  to  enforce 1903      103 

When  at  county  seat 1903      119 

COUNTY  TREASURER — 

To  give  bond  as  treasurer  of  school 

fund    1897  1538  64 

To      notify      county     superintendent 

quarterly  of  all  funds  received  for 

school    purposes    1897  1548  67 

To  publish  notice  of  sufficient  funds 

to   redeem   bonds   issued   for    1897 

indebtedness     1897        42  296  19 

To  receive  33%%  of  sources  enumer- 
ated in  Sec.  1548,  C.  L.   1897  to  the 

account     of     the    general    county 

School   Fund    1897  1548  67 

COUNTY  SURVEYOR— 

To  locate  lines  and  corners  of  school 
districts  at.  request  of  county  su- 
perintendent.    Expense    1907        97  23  "  213 

COUPONS — 

Of    bonds    in    city    and    town    to    be 

paid   promptly.      How   cancelled.  .  1897  1588  81 

COURTS,  PROBATE — (See  Probate  Courts). 

CURRENT  Y^'EAR — (See  Year). 

CRIMES  AND  OFFENSES — 

Burning  at  night  of  school,  etc 1897  1103  44 

Burning   in   the    daytime    of   school, 

etc 1897  1104  45 

Damages  to  enclosures  by  animals.  .189  7  1297  48 


1125 

45 

1295 

48 

1296 

48 

1265 

47 

INDEX  283 

Laws.  Chap.         Sec.  Page. 

Embezzlement    1897 

Enclosures  on  public  lands,  illegal.  .1897 

Enclosures  to  have  gates  at  all  cross- 
ings of  public  roads  and  trails.  .  .18  97 

Half  of  opium  fines  to  go  to  School 
Fund   1897 

Half  of  fines  for  selling  or  using  li- 
quor on  election  day  to  go  to 
school   fund    1897  1273  47 

Illegal  to  sell,  use,  or  drink  liquor  on 

election  day    1897  1272  47 

Larceny  from  said  buildings 1897  1113  45 

Penalty    for    maintaining    opium    or 

hop    joints    1897  1264  46 

Penalty    of    occupying    public    land 

under  pretext  of  a  deed 1897  1298  48 

Punishment  for  embezzling 1897  1126  46 

CREDITORS — 

To  be  paid  pro  rata  if  funds  for  cur- 
r^t  year  are  insufficient  to  pay 
claims   in   full    1897        42  301  22 


D 

DAY,  SCHOOL — (See  School  Day). 
DEADLY,  WEAPONS — (See   Weapons). 

DEAF  AND  DUMB  INSTITUTION — 

Auditor,  member  of  Committee  of.  .1897 

Buildings  for    1897 

Committee  to  have  management.  ..  1897 
Authorized  to  reduce  tuition  fee.  1897 

Establishing  of    1897 

Expense  of,  how  paid 1897 

Management    of    1897 

To   be   Territorial   School 1897 

DEAF    AND    DUIVIB,    NEW    MEXICO 

ASYLUM — 

(Act  of  Legislature  1899). 
Appropriations  for   1899        42  1  136 


3675 

135 

3675 

135 

3673 

135 

3674 

135 

3672 

135 

3676 

135 

3673 

135 

3675, 3677 

135 

284 


INDEX 


Laws.  Chap. 

Board  of  trustees,   organization,  du- 
ties,  and  powers  of   1899  42 

Donation  of  land  by  Congress 189  9  42 

Indians   admitted    1899  42 

Supt.  Public  Instr.,  a  trustee 1899  42 

Terms    of    admission 1899  42 

(Act  of  Legislature  1903.) 
Board      of      trustees,      appointment, 

qualifications  and  duties  of 1903  2 

Buildings,   erection   of    1903  2 

Creation    of    1903  2 

Records   and   itemized   accounts.  ...  1901  98 


Sec. 


Page. 


2 

137 

2 

137 

3 

138 

2 

137 

3 

138 

6 

167 

13 

171 

1 

166 

-3 

166 

DEBATING  SOCIETIES — (See  Corporations). 


DEBTS — 

Territorial  not  to  be  contracted  ex- 
cept in  certain  cases.  U.  S.  Stat- 
utes      818 

Unlawful  for  County  Commissioners, 
City  Council,  Town  Trustees,  Board 
of  Education,  etc.,  to  contract  in 
excess  of  funds  for  current  year.  .1897        42 


299 


21 


DEEDS — 

Of  lands  sold  by  boards  of  education 
in  school  districts,  how  executed.  1897 


1611 


85 


DEED  FOR  REAL  ESTATE — 

How    executed    when     conveyed     to 
Board  of  Education   1897 


1566 


75 


DEFICIT — 

:  Casual,  Territorial  Legislature  may 
contract  debts  to  pay.  U.  S.  Stat- 
utes     


818 


DEFINITION  OF  SCHOOL  DAY  AND 
MONTH — (See  School  Day  and  Month). 

DEGREES — (See  Diplomas). 


DELINQUENTS — 

In  paying  poll  tax  to  be  sued  after 
30  days  notice.  No  property  ex- 
empt     1897 


1549 


68 


INDEX  285 

Laws.  Chap.         Sec.  Page. 

DELINQUENT  TAXES — (See  Taxes   Delinquent). 

DENOMINATIONAL  SCHOOLS — (See  Private  Schools). 

DIPLOMAS  AND  DEGREES — 

Power  to  grant   1897  1624  87 

DIRECTORS — 

Authorized  to  issue  bonds 1897  379,  387  30 

Authorized  to  issue  refunding  bonds.1899        58  26        .      144 
Books  to  be  examined  by  County  Su- 
perintendent      1903      119  11  187 

Contracts  to  let.  No  member  to  be 
a  party.  To  report  to  county  su- 
perintendent cost  of  material,  etc.. 1903      119  7  186 

Contests  of  election    1897  1532  61 

Debts  contracted  by,  valid 1905        74  1  194 

Duties    1897  1533  63 

Duties  with  reference  to  building 
school  house  from  proceeds  of 
Territorial  School  Bond  issue.  ...  1909  7  15  229 

Election    of    1897  1532  61 

Election    of    1897  1563  72 

Election    of    1897  1567  75 

Election    of    1901        55  1,  2  157 

Election  may  call  for  Issuing  bonds.  1897  1542  65 
Election  may  call  for  issuing  bonds.1899        46                       1              140 
Expenses,    contingent   to   defray ...  .1897                            1535  63 
Forbidden   to   contract   debts   in   ex- 
cess  of   money   belonging   to   cur- 
rent  year    1897        42                    299  21 

Health     certificates     to     require     of 

teachers     1901        43  2-3  154 

Holidays  legally  defined.     Proviso  as 

to  teachers  salaries 1903      119  20  189 

Indigent  pupils,  books  to  be  fur- 
nished   for 1897  1555  70 

Liable  to  fine  for  refusing  to  receive 
pupils  on  account  of  race  of  na- 
tionality      1897  1555  71 

May   use   surplus   in   general   school 

fund  to  construct  school  buildings.  1903        37  .1  176 

May  admit  non-resident  pupils  on 
tuition.     Amount  school  taxes  paid 

to  be  credited   on   tuition 1907        97  29  216 

Must  be  able  to  read  and  write  either 
.  English  or  Spanish 1897  857  43 


286  '  INDEX 

Laws.  Chap. 

Oath  of  office    1897 

One  to  be  voted  for;  unless  vacancy- 
is  to  be  filled 1901        55 

Organiaztion  and  duties  of 18  97 

Penalty  for  failing  to  make  complete 

census    1903      119 

Poll  tax,  clerk  to  collect 1897 

Poll  tax  collection   facilitated 1907        96 

Provide  for  interest  on  school  bonds.  1897 

Provide  school  house  and  sites,  how.  1897  1541- 

Provide  school  house  and  sites,  how.  19 03        37 

Provide  school  house  and  sites,  how.1907        97 

Provide  school  house  and  sites,  how.  190 9  7 

Qualified  voters  for 

Refund      indebtedness      and      issue 

bonds     1899        58 

Removal   of    1897 

Removal   of    1899        46 

Removal   of    ....:...-. 1907        97 

Reports    clerks    of   school    board    to 

make   to   county   superintendent.  .  1903      119 

Report  to  county  superintendent.  ..  1907        97 

Required  to  see  to  the  endorsement 
of  provisions  for  teaching  Hygiene 
and  Physiology  with  reference  to 
effects  of  alcoholic  drinks  and  nar- 
cotics.    U.  S.   Statutes 362  1  4 

School  Laws,  Chairman  to  be  fur- 
nished a  copy  by  county  superin- 
tendent  1903        18  3  175 

Shall  have  general  control  subject  to 
county  superintendent 1897 

Term  of  office 1901        55 

Text    Books    adopted    by   Territorial 

Board  to  be  used   1907        97 

To  allow  the  use  of  the  school  build- 
ings for  certain  public  meetings.  .1897 

To  appoint  boards  of  appraisers 
when  land  is  to  be  conveyed 1897 

To  be  elected  when  district  is  formed 
at  a  meeting  called  by  the  county 
superintendent     1907        99  1  59 

To  be  appointed  by  county  superin- 
tendent in  case  election  is  not 
held 1907        99  1  59 

To  be  furnished  with  copies  of  lists 


Sec. 

Page. 

1532 

61 

2 

157 

1533 

62 

13 

188 

1550 

69 

1-3 

197 

1535 

63 

-1547 

65 

1-3 

176 

25 

214 

15 

229 

144 

%,    • 

13-26 

144 

1535 

63 

1 

140 

8 

205 

8 

186 

25 

214 

1535 
1 

63 
151 

9 

205 

1533 

62 

1602-1611 

83 

Sec. 

Page. 

1547 

66 

1532 

61 

1555 

69 

285-288 

13 

8 

205 

9 

187 

1555 

70 

4 

178 

INDEX  287 

Laws.  Chap. 

of  taxable  property    1897 

To  certify  result  of  election  for  di- 
rectors to  county  superintendent. .  1897 

To  compel  attendance  of  children.  .1897 

To  determine  indebtedness  of  dis- 
tricts. The  first  Monday  in  May, 
1897.  (See  indebtedness  to  be  de- 
termined)     1897 

To     employ     only     legally     qualified 

teachers 1907        97 

To    furnish    itemized    accounts   with 

vouchers   1903      119 

To  have  power  to  compel  attendance 
of  children 1897 

To  insure  school  buildings 1903        37 

To  let  contracts.  Clerk  to  report 
cost  of  material  and  labor  to 
county  superintendent.  School  of- 
ficers not  to  be  party  to  contract.  .1903      119 

To  make  enumeration 1897 

To  make  a  report  through  the  clerk 
to   the   county  superintendent.  ...  1897 

To  make  enumeration  of  children.  .  1905        23 

To  make  reports  about  June  25th  to 

county  superintendent   1907        97 

To  make  reports  about  June  25th  to 
county  superintendent 1897 

To    meet    at    least    onece    every    30 

days 1903      119 

To  notify  board  of  county  commis- 
sioners concerning  bonds  issued 
under  Acto  fund  school  indebted- 
ness     1897 

To   pay   teachers'   salaries   according 

to  law.     Violation 1907        97 

To  post  notices  of  eejctions  for  di- 
rectors      1897 

To  provide  fiags  for  public  schools.  .1905        48 

To  cause  flags  to  be  displayed 1905        48 

Vacancies,  how  filled 1897 

Vaccination  to  select  same  compe- 
tent person  to  do    1901        17 

Warrants    illegally    issued    shall    be 

jected  by  county  superintendents.  1903      119 

Warrants  not  to  be  issued  by,  in 
excess  of  amount  of  levy  for  cur- 
rent year 1897  1635  63 


7 
1535 

186 
63 

1535 

1 

63 
190 

24 

213 

1535 

63 

11 

1.87 

381 

31 

26 

215 

1532 

61 

1 

191 

2 

191 

1533 

62 

27 

151 

12 

188 

1602-1611 

83 

295 

19 

22 

212 

23 

213 

288  INDEX 

Laws.  Chap.  Sec.  Page. 

DISTRICT  SCHOOIi — 

Actual  residents  permitted  to  attend 
school  regardless  of  time  when 
they  become  residents 1897  1556  70 

DISTRICTS — 

Alteration  of   1907        97  22  212 

Appeals  in  formation  of 1907        97  22  212 

Apportionment   of   territorial   school 

funds    1899        74  29  145 

Apportionment      of      school      funds. 

Time.      Publication     1903      119  15  188 

Appraisers,  board  of,  to  be  appoint- 
ed when  land  is  conveyed 1897 

Assessor  to  include  all  property  in 
district  on  March   1st    1897 

Bonded  indebtedness,   how  paid....  1907        97 

Boundary  lines,  location  of 1907        97 

Children    to    be    enumerated,    when. 

False   enumeration  and   penalty.  .  1905        23  1—2  190 

Clerks  to  make  full  report  to  county 

superintendent     1903      119  8  186 

Condemnation  of  land  for  school 
purposes    1897 

Consolidated,  may  be  on  petition.  ..  1907        97 

County  surveyor  to  locate  boundary 

lines    1907        97 

Creation  of  new   1907        97 

Debts  made  binding.  Bond  issue  to 
pay.  Interest.  Maturity.  Re- 
demption    1905        74 

Districts    declared    legal 1897 

Directors     (See    Directors,    School). 

Exemption  from  taxation  for  heads 

of   families.      Amount    1901        95  8  159 

Governing     authorities     to     protect 

health  of  children.     Tuberculosis.  1901        43  2-5  154 

Indebtedness  up  to  1897  to  be  de- 
termined and  settled,  how 1897  285-298  13 

Indebtedness  must  be  equal  to  or 
less  than  4  per  cent  of  assessed 
value  of  property 1897  1541  65 

Indebtedness  to  be  refunded  by  bond 
issue.  Bonds,  how  signed  and  at- 
tested      1899        58 

Indebtedness,    not   to   incur 1897 

Indebtedness,    not   to   incur 1897 


1553 

69 

22 

212 

23 

213 

22 

212 

1-4 

1529 

60 

3.  26 

144 

382 

31 

299 

21 

541-1547 

65 

22 

212 

22 

212 

INDEX  289 

Laws.  Chap.  Sec.  Page. 

Fund  (See  School  Fund). 

Levy  for  school  purposes 1907        97  25  214 

Lines,  location  of  Boundary 1907        97  23  213 

Negotiable  bonds  of,  may  be  issued. 
Qualified  voters  to  decide.  Boun- 
daries to  be  established.  Duty  of 
Assessor    1897 

Number  of  children  in 1907        97 

Organization    of    1907        97 

Poll  Tax,  Clerk  to  collect.  Amount. 
Compensation.  May  bring  suit. 
No  property  exempt.  For  use  of 
district     1897  1549  68 

Poll  Tax,  notices  to  be  posted  and 
copies  of  list  to  county  clerk  and 
county  superintendent.  Amount 
collected  and  name  of  delinquents 
to  be  reported   1897  1550  69 

Poll  Tax,  collection  facilitated  by  re- 
quiring employers  to  furnish  list 
of  employes.     Penalty   1907        96  1-3  197 

Property  exempt   from   taxation    for 

school   purposes.      Proviso 1897  1560  69 

Property,  transfers  of,  legal  and 
valid.  Not  to  be  transferred  ex- 
cept upon  petition  of  majority  of 
qualified  voters    1897  1592,  1597  82 

Qualified  voters  in 

Real  estate  to  acquire,  which  when 
taken  is  not  to  exceed  one  acre 
and  must  be  situated  on  public 
highway    1897  1552  69 

Reports  of,  to  be  made  by  clerk  to 

county    superintendent,    when....  1907        97  24  213 

School  fund  to  receive  certain  fines. 
(See  School  Fund,  district). 

Sureties,  officers  not  to  act  as 1897  843  43 

Surplus  school  fund  may  be  used  for 
constructing  school  buildings  when 
available.  Duty  of  county  super- 
intendent, county  treasurer  and  di- 
rectors.  1903        37  1-3  176 

Title  of  unsold  parcels  of  land  to  be 

vested  in  school  district 1897  1600-1601  82 

Title    to    lands    and    other    property. 

Shall   hold    1897  1530  61 

To  be  body  corporate 1897  1530  61 


290  INDBX 

Laws.  Chap.         Sec.  Page. 

When  formed  the  county  superin- 
tendent shall  post  a  notice  of  the 
formation  of  such  district  with 
full  description  and  call  a  meeting 
for  election  of  directors. 1907        99  1  59 

When  school  house  Is  lacking, 
county  superintendent  may  order 
directors  to  submit  question  of 
bonds  to  vote  on  petition  twenty 
heads  of  families.  Additional 
means  of  securing  house 1899        46  2  140 

Vaccination  against  smallpox  com- 
pulsory in 1903      103  29-31  184 


EDUCATION  OF  APPRENTICES — 

(See  Apprenticeship). 

EDUCATION,  BOARD  OF,  TERRITORIAI 

(See  Board  of  Education). 

EDUCATION  OF  WARD — 

(See  Guardian  and  Ward). 

EDUCATION,  BOARD  OF  CITY — 

(See  Board  of  Education). 

EDUCATION,  BOARDS  OF —  " 

(See  Boards  of  Education). 

EDUCATION— 

Provisions  for  all  children  in  the  ter- 
ritory by  proceeds  of  Termorial 
Common  School  Bond  issue 1909  7  19  230 

EDUCATION  OF  MINOR  CHILDREN — 

To  be  guarded  by  probate  judge...  1897  2055  93 

ELECTIONS — 

Boards  of  Education 1897  1567  75 

Qualification   of  voters   for  mem- 
bers of  Boards  of  Education.  .  .1897  1567  75 


INDKX 

Laws.  Chap.  Sec. 

Citizens    otherwise    qualified    not    to 

be  barred  from  voting  because  of  • 
race,    color   or   previous   condition 
of  servitude.     U.  S.  Revised  Stat- 
utes     

County  officers    1897 

Day  established  for  delegate  mem- 
bers of  Legislature  and  County 
officers 1897 

Directors  of  School  District 1897 

Qualification  of  voters 

For  issuing  Bonds  by  school  dis- 
tricts, for  the  purpose  of  erecting 
or  completing  school  house 1897 

For    issuing     bonds     in     cities     and 

towns   1897  1584, 

Illegal  to  sell,  use  or  give  liquor  on.  18 97 

Officers  of  Board  of  Education 1897 

Qualifications  of  voters  for  issuing 
bonds  in  school  district  ordered 
by  county  superintendent,  for 
erecting  school   house 1899        46 

Special  levy  greater  than  5  mills  to 
be  voted  upon.  Qualifications  of 
voters 1907        97 

ElVIBEZZIiEIVIENT — 

When  is  a  person  guilty  of 1897 

Penalty    ..1897 


1542 


25 


1125 
1126 


ENUMERATION— 

Actual  residents  before  or  after  en- 
titled to  send  children  to  school.  .1897 

To  be  made  annually 1897 

School  Directors  to  make.  Duty  of 
Clerk.  Penalty  for  false  enumera- 
tion  1905        23 

ENCLOSURES— 

Not  to  be  constructed  or  maintained 

on  public  lands 1897 

To  have  gates  at  all  crossings 1897 

Owners  may  recover  damages 1897 


1656 
1535 


1.  2 


ENGLISH:  LANGUAGE — 

;  -  Required  in  all  public  schools. . 


291 

Page. 


2004 

8 

1698 

89 

1698 

89 

15^2 

61 

65 


1585 

79 

1698 

89 

1570 

76 

140 


214 


45 

46 


71 
63 


190 


1295 

48 

1296 

48 

1297 

48 

,1897 


1529 


60 


292  '  INDEX 

Laws.  Chap.  Sec.  Page. 

ESTATES,  INTESTATE — (See    Intes- 
tate Estates). 

ESTRAYS,  UNCIiAIMED— (See  Strays). 

EXAMINATIONS — 

For  county   certificates 1907        97  3  201 

EXAMINATIONS  FOR  COUNTY  CER- 
TIFICATES— 

Incidental  Expenses  to  be  regarded 
as  legitimate  expense  incurred  in 
connection  with  instittues 1909      121  5  248 

EXPENSES— 

For  Current  Year  to  be  paid  out  of 

money  belonging  to  that  year.  .  .  .1897        42  299  21 

Of  county  superintendent's  office.  ..  1907        97  21  211 

EXTINGUISHMENT    OF    RESERVA- 
TION — 

States  or  territory  may  await  in 
order  to  obtain  possession  of  sec- 
tions 16  and  36.     U.  S.  Statutes ..  .  384  2275  8 

EXE»IPT^— 

Property  from  School  Taxes 1897  1560  72 

Property    of    Schools    in    City    and 

Town 1897  1583  79 

EXEMPTIONS — 

From  taxation 1901        95  8  159 

EXPENDITURES — 

By  Boards  of  Education, 

Limitations   1897  '        1581  78 

By  directors.     Limitations 1903      119  7  186 


FEES,  SALARIES  AND  PERQUISITES 
OF  OFFICERS — 

To  be  reduced   if  funds  for  current 

year  aire  insufficient 1897       42  300  21 


INDEX  293 

Laws.  Chap.         Sec.  Page. 
FEES — 
-Special      legislation      to      create      or 
charge  fees,  etc.,  of  public  officers 
during  term  forbidden,  U.  S.  Stat- 
utes                818                       1  5 

FENCES — 

Fines  for  violation   of  provisions  to 

go     to     general     school     fund     of 

county    ■ 1897  1327  91 

Illegal  to   use   private   roads  and   to 

open  fences    1897  1825  91 

Persons  failing  to  close  gates  liable 

for  all  damages 1897  1826  91 

FINES — 

For  abstracting,  mutilating,  defac- 
ing file  of  newspapers  in  Probate 

Clerk's  office,  not  to  exceed  $500. 

Half  to  County  School  Fund 1897  771  4  2 

For   allowing   minors    in   saloons    or 

places  where  intoxicating  liquor  or 

tobacco    are    for    sale.      To    go    to 

County  School   Fund 1901  3  5  49 

For  allowing  minors  to  play   games 

on  saloon  premises,  half  to  go  to 

District  School  Fund 1897  1269  47 

For  avoiding  payment  of  tolls.      To 

go  to  County  School  Fund 1897  1867  92 

For  failure  of  corporations  or  firms 

to  comply  with  poll  tax  provisions. 

To  go  to  District  School  Fund.  ..  .1907        96  2  198 

-    For  failure  of  school  director  to  call 

election   to   go    to    District   School 

Fund    1897  1532  61 

For  failure  to  send  children  to  school.  1897  1555  70 

For  false  enumeration  to  go  to  School 

Fund  of  School  District 1905        23  2  190 

For  giving  or  selling  liquor  or  to- 
bacco to  minors,  to  go  to  County 

School    Fund    1901  3  5  149 

For    illegally    issuing    certificates    of 

exemption  from  taxes  to  firemen, 

to  go  to  treasury  of  District  School 

Fund 1897  1764  96 

For  illegally  using  private  roads  and 

opening  fences  so  as  to  cause  dam- 


294  INDEX 

Laws.  Chap.  Sec.  Page. 

age,     to     go     to     General    County 

School    Fund    1897  1827  91 

For  violation  of  provisions  concern- 
ing obstruction  of  streets  and  al- 
leys, to  go  to  County  School  Fund. 1897  2679  96 

For  infraction  of  laws  concerning 
firearms  or  other  deadly  weapons, 
to  go  to  County  School  Fund.  .  .  .1897  1389  53 

For  infraction  of  Sunday  law,  to  go 

to  District  School  Fund 1897  1369  49 

For  occupying  or  trying  to  deprive 
others  of  the  free  use  of  public 
lands,  to  go  to  County  School 
Fund    1897  1298  48 

For  opium  joint.  Half  to  go  to  Dis- 
trict School  Fund    1897  1265  47 

For  owning  games  or  engaging  in,  to 
go  to  School  Fund  of  District, 
town  or  city 1907        64  4  47 

For  owning  games  or  engaging  in, 
to  go  to  School  Fund  of  District, 
town  or  city 1907        64  4  197 

For  refusing  to  have  chilfiren  vac- 
cinated, to  go  to  District,  City  or 
Town  School  Fund    1901        17  26  150 

For  selling  or  using  liquor  on  elec-. 
tion  day.  Halif  to  go  to  District 
School   Fund    1897  1273  47 

For  threatening  or  interfering  with 
the  County  Surveyor,  not  less  than 
$5  nor  more  than  $100,  to  go  to 
County  School   Fund    1897  791  42 

For  violation  of  compulsory  attend- 
ance provisions,  to  be  placed  to 
credit  of  district 1897  1555  70 

For  violation  of  provisions  concern- 
ing health  requirements  of  teach- 
ers, to  go  to  Territorial  School 
Fund    1903        92  2  157 

For  violation  of  provisions  requiring 
persons,  etc.,  turning  cattle  on 
range  occupied  by  others  to  own 
living  water  sufficient  for  their 
needs   , 1897  128  11 

For  violation  of  provisions  requiring 
persons,     etc.,     turning    cattle     on 


INDEX  295 

Laws.  Chap.  Sec.  Page. 

range  occupied  by  others  to  own 

living    w&ter    sufficient    for    their 

needs 1897  129  11 

For  violation  of  provisions  requiring 

persons,     etc.,    turning    cattle     on 

range  occupied  by  others  to  own 

living    water    sufficient    for    their 

needs 1897  130  11 

For  violation  of  vaccination  provis- 
ions,   to    go    to    School    Fund    of 

District    1903      103  29  184 

Goging   to   school    fund    to    be    paid 

into     county     treasury     quarterly 

and    duplicate    receipt    filed    with 

county   clerk    1897  1548  67 

Probate    Clerk    for    failure    to    bind 

and    preserve    county    newspapers 

to  be   fined   fifty   dollars,   one-half 

of  which  will  go  to  County  Scho«l 

Fund 1897  769  41 

Proceeds   collected    for    violation    of 

penal     laws     to     go     to     General 

County  School   Fund    . 1897  1548  67 

FIREMEN — 

Exempt  from  certain  taxes 1897  1763  96 

Fine  for  illegally  issuing  certificate 
of  exemption  to  go  to  School  Dis- 
trict  ......1897  1764  96 

FIRM  OR  CORPORATION — 

To  furnish  list  of  employes  to  facili- 
tate collection  of  poll  tax.  Pen- 
alty  1907        96  1,2  197 

FliAG  LAW— 

Directors  and   Boards   of  Education 

to  provide  flags  for  public  schools.1905  48 
Flag  Day,  not  a  holiday 1905        48 

Amended 1909      121 

U.  S.  Flags  to  be  displayed  on  public  . 

buildings    1905        48  2  191 

FIiAG  DAY  PROGRAM — 

To  be  printed  and  distributed  by  Su- 
perintendent of  Public  Instruction.1907        97  13  208 


1 

191 

3 

191 

3 

247 

296  INDEX 

Laws.  Chap.  Sec.  Page. 

FLAG  DAY  AlVIENDED —  1909      121  3  247 

FOREST  RESERVE — 

Money  accruing  from.      One-half  to 

County  School  Fund    1909      119  3  246 

FORFEITURES  OR  RECOVERIES — 

On  bonds  of  county,  precinct  or  Ter- 

» 
ritorlal    Officers,   to   go    to   School 

Fund     1897  1548  67 

FUNDS— (See  School  Fund). 

FUNDING  ACT,  1893 — 

(See  warrants)    1897  319-325  25 


G 


GAMBLING,  PROHIBITED — 

And    laws   in    conflict   repealed.      In 

force  after  January  1,  1908 1907        64  !-<)  196 

GUARDIANS  AND  WARDS — 

Father  and  Mother  as  guardians.  ..  1897  1437  54 

Custody  of  children's  person,  educa- 
tion and  estate 1897  1465  54 

Education    of   ward    1897  1447  54 

Guardians  to  make  annual  settle- 
ment with  probate   court 1897  1471  55 

GENERAL  LAW — 

Special  Legislation  forbidden  in  all 
cases  where  general  laws  can  be 
made  applicable.     U.  S.  Statutes.  .  818  1  6 

GIFTS — 

(To  School  interests)    1907        97  27  216 

GOVERNOR — 

Appoints  Supt.  Public  Instruction. .  .1907        97  1  200 

President    of    Territorial    Board     of 

Education    1907        97  1  200 


INDEX 


Laws.  Chap. 


To  remove  any  collector  failing  to 
lurn  over  money  in  thirty  days.  >.  1897 

GRAND  JURY — 

To  be  charged  with  violations  of 
provisions  regarding  speculation 
by  county,  city  or  town  officers  in 
evidence   of  indebtedness 18^7 

Charged  to  by  court 1897 

GRANTS — (See  Land  Grants). 

GUADALUPE,  COUNTY  OF — 

Indebtedness  of  school  district  No.  8  .  1909 


Sec. 


1539 


58 


410 
410 


1-3 


297 

Page. 

64 


36 
36 


235 


H 

HABITUAL  DRUNKARD — 

Children  of  to  be  educated  by  com- 
mittee from  income   1897 

HEALTH  CERTIFICATES — 

Certificate  of  good  health  required.  .1901  43 
Complaint    may    be    filed.      Teacher 

may  be  discharged   1901        43 

Fee  for  certificate 1901        43 

Penalty    for    failure    of    officials    to 

discharge  their*  duties   1901        43 

Persons    afflicted    with    tuberculosis 

not  to  be  employed  as  teachers.  .  .1901        43 

HEALTH  EXAMINATION— 

By    any    physician.      On    appeal    by 

Territorial   Board    of  Health 1903        92 

HEALTH  OFFICER — 

To  look  after  vaccination 1903      103 

HEALTH,  PUBLIC — 

An  act  to  preserve 1903  103 

County  health  officer  to  vaccinate.  .1903  103 

Smallpox.  Vaccination  of  children.  1903  103 
Vaccination      of     adults.        Refusal. 

Penalty   1903  103 


1911 


2-3 


30 


29-31 
30 
29 

31 


92 


154 


5 

154 

4 

154 

6 

155 

1 

153 

156 


185 


184 
184 
184 

185 


298  INDEX 

Laws.  Chap.         Sec.  Page. 

HIGH  SCHOOLS — 

To  be  established  when  necessary. ..  1897  1569  76 

HIGHWAYS — 

Persons  attempting  to  avoid  pay- 
ment of  Tolls  liable  to  fine  which 
shall  go  to  county  school  fund.  .  .1897  1867  92 

HOLDERS  OF  WARRANTS-^ (See  Warrants). 

HOLIDAYS — 

Defined    1903      119  20  189 

HOUSE — (See  School  House) — 

Bonds  for,  how  voted 1897 

Breaking  and  entering  into,  penal- 
ties     1897 

Burning   buildings,    penalty 1897 

Condemnation   of  land  for 1897 

Failure  to  vote  bonds 1899        46 

Insurance   of    1903        37 

Location   of    1897 

Residents  may  petition  for'. 1899        46 

Surplus  funds,  utilization  of 1903        37 


INCORPORATION — 

Of  colleges,  seminaries,  etc.  permit- 
ted, U.  S.   Statutes 818     •  5  7 

INDEBTEDNESS,  MATURED — 

Every  county,  city,  town,  village,  and 

school  district  required  to  compro- 
mise   and    refund,    and    to    issue 

bonds    1899        58  13  144 

Territorial  Legislature  not  forbidden 

to  refund,  U.  S.  Statutes 818  3  6 

To   be    paid    pro   rata,    if   funds    for 

current  year  are  insufficient.  ....  1897        42  300  22 

Null  and  void,   if  it  cannot  be   paid 

out    of    money    belonging   to    that 

current   year    1897        42  299  21 

INDEBTEDNESS,  1897 — 

Current  year  to  begin   January  first 
except    that    of   boards    of   educa- 


1541,  1542 

65 

1113 

45 

1103,  1104 

44 

1553 

70 

2 

140 

4 

178 

1552 

69 

1 

140 

1-3 

176 

INDEX 


Laws.  Chap.         Sec. 


299 

Page. 

304 

23 

305 

23 

tion,  which  shall  begin  September 

first    1897        42 

Funds  for  next  year  and  for  current 

year  1897   42 

•■  No  bonds  to  be  issued  after  first 
Monday  in  August,  1897,  except  in 
case  of  appeal  and  judgment  ren- 
dered     1897 

Reduction  of  fees  and  salaries  of  of- 
ficers     1897 

Officers  and  creditors  to  be  paid  pro 
rata    1897 

Void  indebtedness  of  Sec.  29  9  to  re- 
main valid    1897 

Payment  of  claimants   1897 

Funds  remaining  after  payment  of 
bonded  indebtedness  to  be  trans- 
ferred to  respective  expense  funds.1897        42 

Payment  of  bonds  and  interest  when 
due     1897 

Unlawful  to  contract  debts  which 
cannot  be  paid  from  money  actu- 
ally collected  during  that  year.  .  .1897        42 

Issue  of  claimant  bonds  in  lieu  of 
execution     1897 

Persons  proving  claims  entitled  to 
coupon  bonds  therefor 1897 

Bonds  to  bear  6  per  cent  from  date 
of    issue    1897 

Form  of  bonds  and  coupons,  how 
signed  and  attested    1897 

County  Commissioners  to  levy  tax  to 
pay  annual  interest   1897 

County  Commissioners  to  levy  tax 
for   sinking   fund    1897 

Filing  of  statement  and  bond  neces- 
sary for  appeal   1897 

»     Other  steps  required  of  claimant.  ..  1897 

District  Attorneys  to  represent 
County  Commissioners  and  other 
bodies  or  boards  not  provided 
with   counsel    1897        42  289  15 

To  be  determined  on  the  first  Mon- 
day in  May  1897. 
Determination       of      indebtedness 

other  than  bonded    1897        42  285  13 


42 

306 

24 

42 

300 

-- 

42 

301 

22 

42 

302 

22 

42 

303 

23 

42 

297 

20 

42 

298 

20 

42 

299 

21 

42 

290 

17 

42 

291 

17 

42 

292 

17 

42 

293 

18 

42 

295 

19 

42 

269 

19 

42 

287 

15 

42 

288 

15 

74 

4 

195 

74 

1 

194 

74 

3 

194 

74 

2 

194 

300  INDEX 

Laws.  Chap.         Sec.  Page. 

Claimants     feeling    aggrieved,     may 

appeal   to   district  court 1897        42  286  15 

INDEBTEDNESS  LEGAIilZED— 

County    Commissioners    to    levy    tax 
to  pay  interest  on  bonds. 
Redemption    1905 

Debts  contracted  by  school  boards 
made  binding 1905 

Denomination  of  bonds.  Rate  of  in- 
terest.    Maturity,  how  signed.  ...  1905 

School  boards  issue  bonds  covering 
indebtedness     1905 

INDEBTEDNESS — 

In  scase  of  creation  or  alteration  of 

districts 1907        97  22  212 

INDEBTEDNESS,  SCHOOL,  TO  FUND— 

County  Commissioners  to  levy  tax 
for  the  payment  of  interest 1897 

School  directors  authorized  to  issue 
bonds     1897 

School  Directors  to  notify  count 
commissioners  of  bond  issue 1897 

School  directors  shall  not  incur  in- 
debtedness in  excess  of  the 
amount  allowed   by   law 1897  382  31 

INDEBTEDNESS — 

Contracted    prior    to    Feb.    26,    1891, 
to  be  determined  and  a  decree  of       , 
judgment    rendered    in    favor    of 
person  presenting  evidences  of  in- 
debtedness.     Funding  Act    1897  ^  322  26 

County  officers  forbidden  to  specu- 
late in  county  or  territorial  in- 
debtedness     1897  405  34 

INDIGENT  PUPILS —  V 

Directors  to  buy  books  for 1897  1555  70 

Appropriation  for  expenses  in  edu- 
cational institutions    1907        98  29-36  141 

Appropriations  for  61  and  62  fiscal 
years.  Appointment.  Method  of 
appointment.  Term  surplus. 
Qualifications 1909      127  8  253 


380 

30 

379 

30 

381 

31 

INDEX  301 

Laws.  Chap.  Sec.  Page. 

INDIGENT  CHUiDREN — 

To  be  in  charge  of  Sisters  of  Charity.1897  1620  87 

INDUSTRIAL  SCHOOL — (See  Orphans  Home). 

INSTITUTE — 

County  superintendent  to  hold. 
Teachers  to  attend.  Duties  of 
Territorial  Superintendent.  Ex- 
cuses. Territorial  Board  to  issue 
course  of  study.  Joint  institutes. 
Funds.      Fee#.      Disbursements.  ..  1907        97  6  203 

Attendance  for  four  weeks  shall  en- 
title teachers  to  compensation.  ..  1909      121  5  252 

INSTITUTES,  AMENDED — 

ISSUANCE  OF  SCHOOL  BONDS— (See  Bonds). 

INSURANCE — 

Of  school  buildings 1903        37  4  178 

INSTITUTIONS,  EDUCATIONAL — 

Act  to  aid  in  erecting  buildings  and 

making  other  improvements.  ...  1905        72  1-2  193 

Agricultural  and  Mechanic  Arts....  1897  3551-3767a  104 

Alcoholic  Effects,  instruction  in  at 
Military  schools.  U.  S.  Statutes, 
49th  Congress    362  1  4 

Appropriation  for  indigent  students.  1907        89  29-36  191 

Appropriation  for  61st  and  62nd  fis- 
cal  years    1909      127  2  250 

Authorized    to    expend    funds    from 

sale  and  lease  , of  lands 1905        72  1-2  193 

Blind,  institute  for 1903  2  1-13  166 

Commissioners  of  Public  Lands  to 
receive  and  keep  separate  ac- 
counts of  lands  and  place  money 
from  lands  to  credit  of 1909 

Deaf  and  Dumb,  act  to  establish.  ...  1903 

Deaf  and   Dumb   School 1897 

Deaf  and   Dumb   School 1899 

Deficiencies  in   certain 1909 

Diplomas,   power  to  grant 1897 

Income  from  lands  to  be  turned 
over    1899 

Military  institute,  act  amendatory ..  1901 


.06 

1 

238 

2 

1-13 

166 

3672-3677 

135 

42 

1-4 

136 

.27 

13 

254 

1624 

87 

74 

29 

145 

63 

1-5 

183 

1-6 

130 

3660-3671 

127 

3592-3606 

'   116 

1-9 

220 

3650-3657 

120 

1-2 

125 

123 

27 

216 

2 

251 

302  •  INDE'X 

Laws.  Chap.  Sec.  Page. 

Military  Institute,   act  providing  for 

buildings  for    1901  6 

Military   Institute    1897 

Mines,  School  of   1897 

Museum  of  New  Mexico 1909  4 

Normal   School 1897 

Normal  Schools,  lands  to  be  divided 

equally     1901        65 

Normal  University,  name  changed.  .  1899        18 

Property  presented 1907        97 

Railr.oad  fare  allowed  to  students.  .  1909      127 
Regulating  qualifications  for  admis- 
sion.     Proviso    1909      127  2  251 

Report  of  to  be  included  in  annual 

report  to  superintendent  of  public 

instruction     1907        97  14  208 

Required     to     account     for     public 

money  received    1901        98  1-3  160 

Spanish-American  Normal    1909        97  1-4  236 

Statistical    report    to    be    made    by 

heads  to  Supt.  Public  Instruction.  19 07        97  24 

Teachers  afflicted   with   tuberculosis 

not  to  be  employed 1901        43  -6  153 

Teachers   afflicted   with   tuberculosis 

not  to  be  employed 1903        92  1-2  156 

Training  schools  in  connection  with 

Normals    1909      127  2  251 

University   of  New  Mexico 1897  3568-3591  110 

Unlawful  to  sell  or  give  liquors  and 

tobacco  to  minors  in   1901  3  2  148 


INTEREST— 

On  bonds  issued  in  lieu  of  execution 

in  payment  of  indebtedness  1897.1897        42  295  19 

On      Territorial      Common      School 

Bonds.      Provision  for    1909  7  3,4  225 

County  Commissioners  annually  to 
levy  special  tax  for  interest  and 
redemption  of  bonds  issued  to  sat- 
isfy judgment  of  accounts  in 
force  prior  to  Feb.  26,  1891.  Fund- 
ing Act,   1893    1897  323  26 

Payment    pledged    by    school    funds . 

and  property  in  city  and  town.  .  .  .1897  1589  81 

Tax  levy  for,  in  city  and  town 1897  1587  80 


INTESTATE  ESTATES — 


INDEX 

303 

Laws.  Chap. 

Sec. 

Page. 

1 1897 

1548 

67 

JUDGE  OF  DISTRICT  COURT — 

To  charge  grand  juries  with  viola- 
tions of  compulsory  attendance 
provisions   1897  1565  70 

JOINTS — 

Opium  or  hop   1897  1263,  1265  46 

JUSTICES  OP  THE  PEACE — 

Duty  concerning  bawdy  houses 1901  84                    -   5  165 

Duty   concerning  orphans   and   poor 

children 1897  1472  55 

To  cause  streets  to  be  cleaned 1897  2678  96 


K 

KEEPERS — 

Bawdy  Houses,  who  are   1901        84  3  164 

Hotel,  Saloon  and  Dance  Hall  to  post 

law  concerning  Deadly  Weapons.  .1897  1368  49 

Saloon,     allowing     minors     to     play 

games,   penalty 1897  1268  47 


L       " 

LANDS — 

Belonging  to  Board  of  Education  of 
School  District  may  be  sold  at  not 
less  than  appraised  value 1897  1605  84 

Belonging  to  School  Districts.  Deeds, 

how  executed 1897  1611  85 

Belonging  to  school  districts  may  be 
purchased  by  persons  having  im- 
proved  them    1897  1609  85 

Belonging  to  school  districts.  Pur- 
chaser to  pay  certain  expenses.  ..  1897  1610  85 

Commissioner  to  keep  separate  ac- 
counts of  all  moneys  for  respect- 
ive funds  named 1899       74  7  145 


304  ■  INDEX 

Laws.  Chap.         Sec.  Page. 

How  offere  1  for  sale  in  School  Dis- 
tricts.     Sale   continued    1897  1606  84 

Illegal  to  construct  or  maintain  en- 
closures   upon    1897  1295  48 

Income  to  be  turned  over  to  Terri- 
torial Treasurer  for  the  use  of  in- 
stitutions or  object  for  which  set 
apart    1899        74  29  145 

Interest  from  income  to  pay  interest 
on  Territorial  Common  School 
bonds  (See  Bonds)    1909  7  3  240 

Land  Grants   (Committee)    1897  ^   2178  94 

Leasing,  sale,  management  and  con- 
trol, Territorial  Public  Land  Of- 
fice.    Duties  of  Commissioner.  ..  .1909      106  1-9  238 

Lieu,  to  be  granted  for  Sees.  16  and 
36  when  said  sections  have  been 
settled  previous  to  survey  or  when 
said  sections  are  within  Indian, 
military,  or  other  reservation.  U. 
S.   Statutes    384  2275  8 

Lieu  lands  to  be  selected  when 
school  sections  have  been  settled, 
fall  in  reservation  or  are  frac- 
tional from  natural  causes.  U.  S. 
Statutes    384  2275  8 

Lots,  blocks,  shares  and  parcels  to 
be  conveyed  to  Board  of  Educa- 
tion of  school  districts  at  appraise- 
ment      1897  1603  83 

Money  from  leasing  school  sections 
or  lieu  lands  to  be  credited  to 
School  fund  and  apportioned  ac- 
cording to  law  governing  other 
school   funds    1907      104  31  218 

Money  from  sale  or  lease  to  go  to 
public  schools 1897 

Occupation  and  improvement  of.  ..  .1899        74 

Public,  unlawful  to  make  enclosures. 
Private  enclosures 1897 

Preference  given  to  certain   persons 

to  lease 1899        74 

Proceeds  of  sale  by  Board  of  Edu- 
cation   '. 1897 

Reserves  for  Common  Schools,  Uni- 
versity, Agricultural  College,  Nor- 


2178 

94 

30 

146 

1295-1298 

48 

30 

146 

1605 

84 

INDIiX  305 

Laws.  Chap.  Sec.  Page. 

mal   Schools,   a   Military   Institute, 

etc.,   separate  account  to   be   kept 

by       Commissioners       of       Public 

Lands 1899        74  '  7  145 

Reserved  for  School  Purposes.  Or- 
ganic Act    15  3 

Rules    for    selecting    lieu    lands    for 

Sections  16  and  36..  U.  S.  Statutes  384  2276  10 

Sections  1  6and  36  in  each  township 

to  be  reserved  for  school  purposes. 

Organic  Act 15  3 

Sections  16  and  36  school  lands  un- 
less mineral   in   character.      U.   S. 

Statutes   543  38  10 

School    sections    may    be    sold     for 

cemetery    purposes    1909      106  9  244 

Territorial  educational  or  charitable 

institutions     may     expend    money 

from     1905        72  1  193 

Territorial  Treasurer  certify  quar- 
terly  to   superintendent   of   public 

instruction,    all    money    applicable 

to   common   schools    1899        74  29  145 

Timber   not   to   be   cut   from    school 

sections.      Penalty    1903        81*  1  175 

Unsold     parcels     to     be     deeded     to 

boards  of  education   1897  1601  83 

When  sections  16  and  36  have  been 

settled  previous  to  survey  or  when 

they    fall   within    Indian,    military 

or     other     reservation,     lieu     land 

may  be  selected.     U.  S.  Statutes.  .  384  2275  8 

When     valuable     manufacturing     or 

townsite  may  be  sold  or  leased  by 

commissioners     of     public     lands. 

Proviso    1907      104  39  218 

Withdrawn  from  markets.     Leasing 

Proviso    1907        97  28  216 

Rules  for  selection  of  U.  S.  Stat- 
utes     384  2276  10 

IiANDS,  LIEU— 

To  be  granted  in  place  of  sections 
16  and  36  when  these  have  settled 
with  a  view  to  preemption  on 
homestead  before  survey  of  lands 


306  INDliX 

Laws.  Chap. 

in  the  field,  or  when  said  sections 
fall  within  Indian,  military,  or 
other  reservations,  U.  S.  Statutes.  384 

Rules  for  selection  of,  U.  S.  Statutes  384 

LANDS,  MINERAIj — 

Provisions  concerning  sees.  16  and 
36  as  school  lands  does  not  apply 
to  U.   S.   Statutes 543 

LARCENY    FROM    OR    BREAKING 
INTO    PUBLIC    BUILDINGS— (See 

Crimes  and  Offenses). 

LAW,  SCHOOL — 

To  be  printed  and  distributed  by  Su- 
perintendent of  Public  Instruc- 
tion     1907        97 

Opinion  concerning  questions  and 
controversy  to  be  given  by  Supt. 
of   Public    Instruction 1909      121 

LEASING — (See  Lands). 

LEGAL  HOLIDAYS — (See  Holidays). 

LEGAL  VOTERS — (See  Voters). 

LEGISLATURES — 

Forbidden  to  pass  local  or  special 
laws  in  certain  cases.  U.  S.  Stat- 
utes      818 

Assessment  and  collection  of  taxes.  .  818 

Opening  and  conducting  of  any  elec- 
tion      818 

Creating  or  changing  fees  of  public 

officers     818 

Granting  to  any  corporation  or  indi- 
vidual exclusive  privileges,   etc...  818 

In  other  cases  where  a  general  law 

applies 818 

Providing  for  management  of  com- 
mon schools 818 

Remitting  fines,  penalties  or  for- 
feitures      818 

Shall  not  contract  debts  except  In 
certain  cases  enumerated.  U.  S. 
Statute? 818 


Sec. 


2275 
2276 


38 


13 


Page. 


8 
10 


10 


208 


6  249 


4147 

100 

4149 

102 

6 

152 

4152 

102 

4125 

97 

4141-4153 

97 

iNDi:x  307 

Laws.  Chap.  Sec.  Page. 

LEVY — (See  Taxes  for  School  Purposes). 

LICENSE  GOING  TO  SCHOOL  FUND — 

Applicants  to  fill  out  application  un- 
der oath   1897 

Firms  or  Individuals  refusing  to  pay 
to  pay  double 1897 

Liquor,     Method    of    collection    and 

distribution 1901        29 

Nickel-ln-the-slot  machines  to  pay. 
$50 1897 

Officers  delivering  licenses  before 
tax  is  paid  shall  forfeit  double 
amount  of  license  to  school  fund.  1897 

Occupation  taxes,  one-half  to  go  to 
general  county  school  fund 1897 

Operations  of  nickel-in-the-slot  ma- 
chines liable  to  fine  for  refusing 
to  pay  license.  Fine  to  go  to  gen- 
eral county  school  fund 1897  4153  103 

Persons  failing  to  comply  with  re- 
quirements of  section  concerning 
nickel-in-the-slot  machines  liable 
for  fine  which  shall  go  to  general 
county  school  fund    1897  4153  103 

To  be  paid  in  advance 1897  4148  101 

Firms  or  individuals  attempting  to 
engage  in  business  without  paying 
license  tax  to  forfeit  double  the 
amount  of  the  tax.  To  go  to  county 
'.school  fund.  Penalty  for  refusal 
to  take  out  license 1897  4149  102 

Liquor  and  gaming  laws  not  changed 

by  this  act 1897  4150  102 

Nickel-in-the-slot    machines    to    pay 

$50  annually  to  school  fund 1897  4152  102 

Moneys  arising  from  license  imposed 
upon  wholesale  and  retail  liquor 
dealers,  distilleries,  breweries,  and 
wine  presses  to  go  to  school  fund.  1897  .  1548  67 

Pawnbrokers    .» 1897  4145  100 

Buildings    and    premises    for    public 

amusement .  .1897  4146  100 

Applicants  to  fill  out  application  un- 
der oath.  Procedure.  Fees.  Pen- 
alty for  issuing  license  illegally.  .  .1897  4147  100 


4141 

97 

4141 

99 

4142 

99 

4143 

99 

1 

191 

3 

248 

308  INDEX 

Laws.  Chap.         Sec.  Page. 

To  be  paid  in  advance  quarterly, 
semi-annually  or  annually,  one- 
half  to  be  paid  to  county  treas- 
urer for  use  of  school  funds 1897  4148  102 

Payable  in  part  to  county  School 
Fund. 

Peddlers    1897 

Dealers  in  Merchandise 1897 

Real  Estate  and  collection  agents..  18 9 7 

Insurance  agents 1897 

Hotel  and  restaurant  keepers,  own- 
ers of  livery  stables  and  stage 
lines   1897  4144  99 

LINCOLN  DAY — 

Lincoln  day    1907  97 

Lincoln  day    1905  48 

Substituted  for  Flag  Day 1909  121 

LINCOLN— 

Birthday  to  be  flag  day.  Not  a  holi- 
day  1905        48  3  191 

LIQUOR— 

Drinking,    selling,    using,    forbidden 

on  election  day   1897  1269  47 

LIQUOR  LICENSES — 

Sheriff  to  collect 1901        29       *  6  152 

To  be  distributed  by  County  Treas- 
urer; %  to  the  credit  of  the  school 
district  and  %  to  county  general 
school  fund 1901        29  6  152 

LIQUOR  OR  TOBACCO— 

Unlawful  to  give  or  sell  to  minors.  .1901  3  ,     1  148 

LITERARY  SOCIETIES — 

LITERARY  SOCIETIES — (See  Corpo- 
rations). 

LIAHB  STOCK—  '  . 

To  be  included  in  assessment  if  graze 

wholly  within  district    1897  1547  66 

LOCATION  OF  SCHOOL  HOUSE — 

(See  Real  Estate). 


INDEX 


Laws.  Chap. 


Sec. 


LOSS     OP     WARRANTS,      CHECKS, 
DRAFTS,  ETC, — (See  Warrants). 

LOST  GOODS  OR  ESTRAYS — 

Proceeds  of  sale  to  go  to  school  fund. 1897 

LOTS— 

In  city  or  town  may  be  sold  by 
Board  of  Education   1897 

Proceedure  in  sale  of  by  Board  of 
Education 1897 


1548 


1604 
1605 


309 
Page. 


67 


84 
84 


M 

MAYOR— 

To  call  election  to  vote  bonds  at  re- 
quest of  boards  of  education.  .  .  .  .1897 

MEETINGS,  REGULAR  ANT>  SPECIAL — 

Boards  of  Education 1897 

MILITARY  SCHOOLS — 

Report   of   to   appear   in   annual   re- 
port of  Adjutant  General 1897 

Superintendent     to     be     major     and 

aide-de-camp  on  Governor's  staff.. 1897 
Adjutant   general    to    inspect    annu- 
ally   1901        63 

Auditor  to  levy  tax  for 1897 

Board  of  regents  to  control 1897 

Appointment  of,  term  of 1897 

Duties  and  powers  of 1897 

May  dispose  of  lands 1897 

Bonds  authorized    1907  6 

Proceeds  of,  how  spent 1901  6 

Cadets,  appointment  of 1901  6 

Commission   to  cadets   having  high- 
est standing 1901        63  ■ 

Creation  of,  location  of 1897 

Deeds  for,  how  executed 1897 

Governor  and   Supt.   Public  Instruc- 
tion to  be  ex-officio  regents  of.  ..  .1897 

Lands  may  be  sold 1901  6 

Organization  of 1897 

Record  and  itemized  accounts 1901        98 


1585 


1579 


2279 

2279 

4 

3668 

3661 

3661 

3663-3666 

3665 

1 

2 

6 

5 
3660 
3666 

3661 

4-5^ 

3662 

1 


80 


78 


94 

94 

134 
128 
127 
127 
127 
128 
130 
130 
132 

134 
127 
128 

127 
131 
127 
160 


18 

188 

3 

134 

3 

131 

4 

131 

3671 

124 

310  INDEX 

Laws.  Chap.  Sec.  Page. 

Report  to  Governor  and  Supt.  Pub- 
lic Instruction    1903        99 

Stores,   Quartermaster's  care   of....  19 01        63 

Tax  levy  for 1901  6 

Treasury  of  Territory  to  pay  interest 

on  bonds 1901  6 

Tuition     1897 

Separate    account    of    money    from 

land    1899        74  7  145 

MINES,  SCHOOL  OF — 

Appropriation  for  deficiencies 1909      121 

Creation  of  schools    1897 

Diplomas    and    degrees 1897 

Duty  of  president 1897 

Fees  for  assays  and  other  services.  .18  97 

Government    1897 

Intended  to  be   the   State   School   of 

Mines 1897 

Management    1897 

Object    1897 

Organization  of  board 1897 

Powers    and     duties     of    boards     of 

trustees    1897 

Preparatory   department   provided.  .  1897 
Proceeds   of   sale   or   lease   of   lands 

available  for  School  of  Mines.  .  .  .1901        65 
Removal  of  officers  and  instructors.  1897 

Secretary  and  treasurer    1897 

Tuition     . 1897 

MINORS — 

Children  of  habitual  drunkard  to  be 
educated  (See  Habitual  Drunk- 
ard). 

Real   estate   of 1897  2055  93 

Saloon  keepers  not  to  allow  minors 

to  play  games  on  premises 1897  1268  47 

MINORS,     EDUCATION     OF  —  (See 
Guardians  and  Wards). 

MINORS  AND  PUPILS  IN  SCHOOL— 

Copy  of  laws  to  be  kept  posted 1901  3  4  149 

Further  penalty  for  violation  of  this 

act    1901  3  6  149 


14 

255 

3592 

116 

3600 

119 

3596 

118 

3603 

119 

3599 

119 

3604 

119 

3594 

117 

3593 

117 

3595 

118 

3598 

119 

3505 

120 

2 

126 

3601 

119 

3597 

118 

3602 

119 

INDEX  311 

Laws.  Chap.  Sec.  Page. 

Minors  not  to  engage  in  games 
around  establishments  where  li- 
quors or  tobacco  are  sold 1901  3  2  148 

Minors  not  to  loiter  about  nor  fre- 
quent saloons  nor  gambling  places.1901  3  3  149 

Penalty  for  violation  of  this  act.  ...1901  3  5  149 

Unlawful  to  sell  or  give  intoxicating 

liquors  or  tobacco  to  minors 1901  3  •         1  148 

MONEY—  ^ 

Arising  from  sale  of  lands  by  Boards 
of  Education  of  school  districts, 
how   applied    1897  1608  85 

Arising  from  sale  or  lease  of  com- 
mon lands  to  go  to  public  schools.  1897  2178  94 

Belonging  to  any  current  year  can 
not  be  used  to  pay  debts  contract- 
ed for  previous  year  or  years.  .  .  .1897        42  299  21 

Collected  or  that  should  be  collected 
from  Rolls  for  county  purposes, 
except  special  assessments  to  con- 
stitute fund  for  next  current  year.1897  304  23 

From  leasing  school  sections  or  lieu 
lands  to  be  credited  to  school 
fund.  Fine.  Statement  to  Supt. 
of  Public  Instruction.  Apportion- 
ment to  counties  and  then  appor- 
tioned      1907      104  31  218 

Remaining  after  paying  valid  and 
void  indebtedness  from  money  be- 
longing to  the  year  in  which  in- 
debtedness  was  contracted  to  be 
conveyed  into  the  fund  for  the 
next  succeeding  current  year.... 1897        42  303  2X 

Separate  accounts  of  moneys  from 
lands  for  schools,  and  educational 
institutions   

MONTH,    SCHOOIi — (See    School   Day 
and  Month). 

MUSEUM  OF  NEW  MEXICO — 

Appropriation    for;    when    available, 

etc 1909  4  8  223 

Board  of  Regents;  personnel  of;  ap- 
pointment; oath,  duties;  to  re- 
ceive no   compensation;    Secretary 


312  INDEX 

Laws.  Chap.  Sec.  Page. 

and  Treasurer  to  be  elected  and 
give  bond;  approval  of  bond;  au- 
diting of  accounts;  quorum;  rules; 
vacancies 1909  4  4  .221 

Board  of  Regents  to  equip  building, 
etc.,  for  occupancy;  funds  to  be 
provided  by  Territory  not  to  ex- 
ceed   $3,000    1909  4  6  222 

Board  of  Regents  to  make  annual 
report.  Museum  and  all  property 
of  New  Mexico    1909  4  9  223 

Buildings  and  grounds  set  aside  for; 

description 1909  4  »  221 

Buildings  to  retain  external  appear- 
ance as  nearly  as  possible 1909  4  7  223 

Director  of  School  of  American 
Archaeology  to  be  director  of  Mu- 
seum of  New  Mexico;  no  compen- 
sation from  New  Mexico 1909  4  5  222 

Historical    Society    of    New    Mexico; 

rooms   provided  for,  etc 1909  4  3  223 

Museum  of  New  Mexico  established; 

location;    management,   etc 1909  4  1  220 


N 

NATIONALITY — (See   Race   or  Nationality). 
NATURAL.  GUARDIAN — (See  Guardian). 

NORMAL  SCHOOLS — 

Changes  title  to  "New  Mexico  Nor- 
mal   University"    1899        18  1  123 

Compensation   of   regents 1897  3657  123 

Department  for  Manual  Training 
and  a  kindergarten  training 
school    1899        18  2  124 

Duties  of  president,  secretary,  treas- 
urer     1897  3S56  123 

Location   of 1897  3651  120 

Lands  Granted  by  Congress  to  be 
divided  equally  between  the  Nor- 
mal University  and  the  Normal 
School    1901        65  1  125 


0 


7 

124 

3654 

122 

3650 

120 

1 

124 

INDEX  313 

Laws.  Chap.         Sec.  Page. 

Organization    and    qualifications    of 

regents    1897  3653  121 

Powers  of  Regents 1897  3655  122 

Provides  for  reimbursing  of  sub- 
scriptions for  tiie  completion  of 
Normal  School  buildings  at  Las 
Vegas 18  99        18 

Quarterly  meeting  of  regents 1897 

Normal  Schools  established ".  .  1897 

To  be  non-sectarian 1899        18 

Separate    account    of    money    from 

land    1899        74  7     .         145 

To  conduct  Training  School.  Re- 
strictions     1909      121  2  11 

To  pay  railrpad  fare  of  students.  ...1909      121  2 

NORMAL  SCHOOL,  SPANISH-AMERICAN — 

Appropriation   for,   etc 1909        97  1  236 

Course  of  instruction.  Graduates  to 
sign  obligation  to  teach.  When 
excused.  Qualifications  of  scholar.  1909        97  3  237 

Management  and  control.  Powers  of 

trustees    1909        97  2  237 

New  Mexico  Spanish-American  Nor- 
mal School  created.  Object.  Lo- 
cation      1909        97  -   4  237 


OATHS— 

Official,    of    members    of    boards    of 

education.     Filing  of   1897  1901  81 

OATH  AND  BOND — 

Of  county  superintendent 1907        97  19  210 

OBSTRUCTION  OF  STREETS — 

Illegal.      Fine 1897 

All    Fines    to    go    to    county    school 

funds    1897 

Justices  of  Peace  to  clear.     Fine  for 

failing    1897 

OFFICERS,   CITY  AND  TOWN— /See 
City  and  Town  Officers). 


2677 

95 

2679 

96 

2678 

96 

3 

172 

2 

172 

1 

172 

314  INDEX 

Laws.  Chap.         Sec.  Page. 

OFFICERS,    COUNTY — (See    County 
Officers). 

OPIUM  OR  HOP  JOINT — 

Fine   for   conducting,    half  to   go   to 

common  school  fund    1897  1265  47 

ORGANIZATION     OF     SCHOOL     DI- 
RECTORS— (See  Directors). 

ORPHAN'S  CHILDREN'S  HOME — 

Appropriation.     Tax  levy  by  auditor.1903  6 

Buildings    may    be    used    for    school 

purposes    1903  6 

Orphan    Childrens'    Home,    creation, 

location 1903  6 

ORPHANS  AND  POOR  CHILDREN— 

Adoption  of  children  by  adult  per- 
sons or  by   institutions 1897 

Justices  of  peace  to  report  orphan 
children 1897 

Probate  court  to  examine  into  con- 
dition of  orphans 1897 

ORPHANS'  HOME  AND  INDUSTRIAL 
SCHOOL— 

Board  of  supervisors 1897 

Children,  how  provided  for 1897 

Control,  how  provided  for 1897 

Expenses,  how  paid   1897 

How  constituted.  Legal  designation.  1897 

Orphan  children  to  be  placed  in 
families.  Expenses,  limited.  Pro- 
viso      1897  162^  87 


PARENTS — 

Unable  or  neglecting  to  support  and 

educate  children   1897  1482  57 

PARENTS  OR  GUARDIANS — 

Unable  to  buy  books,  etc.,  to  be  as- 
sisted by  directors  through  county 
superintendent 1897  1555  70 


1496 

58 

1472 

55 

1479 

56 

1618 

86 

1620 

87 

1619 

86 

1621 

87 

1617 

86 

INDEX  315 

Laws.  Chap.  Sec.  Page. 

To  be  compelled  to  send  children  to 

school    1897  •  1555  70 

PAYMENT     OF     BONDS — (See     Re- 
demption). 

PAY — 

Members    of    Boards    of    Education 

not  to  receive    1897  *         1572  77 

PRESIDENT — 

Of  Board  of  Education,  duties 1897  1573  77 

PENALTY — 

For    abstracting,    destroying,    mutil- 
ating, or  defacing  Probate  Clerk's 

file   of   county   newspapers,    a   fine 

not   to   exceed    $500.      Half   to   go 

to  county  school  fund 1897  771  42 

For  allowing  minors  to  play  games 

on  saloon  jpremises  (See  Fines). 
For  burning  schools  (See  Crimes  and 

Offenses). 
For    carrying   firearms    (See    Weap- 
ons). 
For     County     Commissioners,      City 

Council,     Town    Trustees,     Boards 

of   Education,   etc.,   violating  pro- 
visions forbidding  the  contracting 

of   debts   in    excess    of   the    funds       -         '   " 

collected  for  the  current  year.  ...1897        42  299  21 

For    cutting,    taking    or    destroying 

timber  on  school  lands 1903        81  1  175 

For  failure  of  authorities  in  institu-  " 

tions  receiving  aid  from  territorial 

treasury  to  account  for  money...  1901        48  3  16-1 

For  failure  of  collector  to  turn  over 

money    1897  1540  64 

For  failure  of  county  superintendent 

to  make  annual  report 1897  1528  60 

For    failure    of    parents,    guardians, 

etc.,  to  send  children  to  school.  .  .1897  1555  70 

For    failure    of    school    director    to 

make    a    complete    report    to    the 

county  superintendent 1897  1535  63 

For  failure  of  school  director  to  call 

election.      Fine    to    go    to    School 

Fund    1897  1532  61 


316  INDEX 

Laws.  Chap.         Sec.  Page. 

For  failure  of  school  officers  to  ex- 
pend proceeds  from  Territorial 
Common  School  Bond  issue  ac- 
cording to  law 1909  7  18  230 

For  failure  of  school  officers  to  per- 
form all  duties  imposed  under  and 
by  virtue  of  the  law 1909      121  12  250 

For  failure  of  scjiool  officers  to  pay 

teachers  according  to   law 1907        97  26  215 

For  failure  of  teacher  to  make  re- 
port  to   county   superintendent.  ..  1897  1536  63 

For    failure    to    account    for    county 

money   by   officers    1897  686  40 

For  failure  to  make  proper  use  of 
surplus  fund  for  construction  of 
school    buildings    1903        37  1  17« 

For  failure  to  pay  fines  collected  for 
violation  of  penal  laws  into  county 
treasury  or  to  make  separate  re- 
ports      1897  154S  67 

For  illegally  issuing  certificates  of 
exemption  to  firemen,  fine  to  go 
to  treasury  of  school  fund 1897  1764  90 

For  neglect  of  duty  by  probate  clerk. 1897  769  41 

For  occupying  or  trying  to  deprive 
others  of  the  free  use  of  public 
lands.  Fine  to  be  paid  to  school 
fund     1897  1298  48 

For  refusal  of  school  officers  to  en-  -  , 
force    provision    as    to    protecting 
children's  health  by  requiring  cer- 
tificates of  teachers 1901        43                        6  155 

.  For  refusing  to  receive  pupils  on  the 

ground  of  race  or  nationality ....  1897  1556  71 

For  Sabbath   breaking    (See. Fines). 

For  school   officer  paying  money  to 

teachers   not   legally  qualified 1907        97  8  205 

For  selling,  drinking  or  using  liquor 
on  election  day.  Half  of  fine  to 
go   to   school   fund 1897  -  1273  47 

For  speculating  in  evidence  of  in- 
debtedness by   county,  officers.  ..  .18  97  405  34 

For  speculating  in  evidence  of  in- 
debtedness by  county  officers.  ...  1897  406  35 


INDEX  31 


Laws.  Chap.         Sec.  Page. 

Office  to  be  declared  vacant 1897  407  35 

For  threatening  or  interfering  with 
county  surveyors,  not  less  than  $5. 
Nor  more  than  $100  to  go  to 
county  school  fund    1897  791  42 

PERMITS  TO  TEACH — 

To  be  issued  by  Territorial  superin- 
tendent or  county  superintendent. 
Restrictions    1907        97  4  202 

PHYSIOLOGY  AND  HYGIENE — 

To  be  taught  with  special  reference 
to  effects  of  alcoholic  drinks  and 
narcotics  on  the  human  system. 
U.   S.   Statutes 362  1  4 

Teaching  to  be  enforced,  U.  S.  Stat- 
utes      362  2  5 

Penalty  for  failing  to  enforce  U.  S. 

Statutes     362  2  5 

POLL  TAX — 

Act  effective  Ma.y  1,  1907 1907'       96  3  198 

Amount.  List  to  be  made  out  by 
clerk.  Compensation.  Clerk  to 
bring  suit.  No  property  exempt. 
To  be  paid  in  county  treasury  for 
benefit  of  district    1897  1549  68 

Collection   of   (As  amended   1905)..  1897  1549,1550  68 

Compensation  of  clerk  for  collect- 
ing     1907  1549  68 

District  clerks,  duty  of  concerning.  .1897  1549,  1550  68 

Employers  to  furnish  list  of  persons 
liable  to.  To  pay  amount  due  and 
due  and  deduct  from  wages  of  em- 
ployee     1907      ,96  1  197 

Lists  of  persons  liable  to  be  posted 

on  first  Monday  in  February 1897  1550  69 

List  of  persons  liable  to  be  reported 
to  county  clerk  and  to  county  su- 
perintendent with  amount  col- 
lected, from  whom  collected  and 
names   of  delinquents    ,.1897  1550  69 

Penalty  for  employer  refusing  to 
furnish  list  of  employes.  Fine  to 
go*  to   school   fund 1907        96  2  198 


318  INDEX 

Laws.  Chap.         Sec.  Page. 

PORTALES — 

Commissioner    of    Public    Lands    to 

sell  school   section  to,   Proceed   to 

go  to  common   school  fund 1909      106  8  244 

Said    school    section    to    be    handled 

for  benefit  of  common  schools   of 

town     : 1909      106  9  244 

PRINCIPALS — 

Of    towns    to    make    full    report    to  , 

county  superintendent   1903      119  8  186 

PRINTING — (See  School  Laws). 

PRIVATE  CHARTERS — 

Not  to  be  granted,  but  incorporation 
of  college,  etc.  permitted.  U.  S. 
Statutes    818  5  7 

PRIVATE  SCHOOLS — 

Children  attending  to  go  to  public 
schools  unless  private  or  denom- 
ination schools  are  equal  to  public 
schools     1909      121  1  247 

PROBATE  CLERK — 

To  receive  ballots  cast  in  election  for 
school  director  in  case  of  a  con- 
test  1897  1532  61 

PROBATE   COURTS— 

May  direct  guardians  to  spend  a 
specified  sum  on  education  of 
ward    1897  _        1447  54 

To  examine  into  condition  of  or- 
phans  1897  1479  56 

To  apprentice  children  of  parents 
unable  to  support  or  educate 
them 1897  1482  57 

PROBATE  JUDGE — 

To     guard,     support,     and     educate 

minor  children 1897  2055  93 

PROPERTY — 

Exempt   from    school    taxes 1897  1560  67 

None  exempt  from  execution  in  suits 

for  collection   of  poll  tax 1897  1549      •  68 


Q 


319 

c. 

Page. 

1600 

82 

1583 

79 

27 

216 

1592 

82 

25 

214 

1578 

78 

INDEX 

Laws.  Chap. 

May  be  transferred  to  school  dis- 
tricts     1897 

Of  schools  in  city  and  town  exempt 
from   taxation    1897 

Presented  to  educational  institutions 
or  common  schools  to  be  properly 
administered.      Proviso    1907        97 

Previous  transfers  in  school  districts 
legalized    1897 

Subject  to  3  mill  levy,  unking  fund, 

bond  levy,  and  special  levy 1907        97 

Subject  to  taxation  in  city  and  town.1897 

PRO  RATA— 

Officers  and  creditors  having  claims 
against  Boards  of  Education,  etc. 

to  be  paid  pro  rata  and  quarterly,  - 
when  funds  of  current  year  are  in- 
sufficient  1897        42                    301  22 

PUBLIC  MEETINGS — 

By  religious,  political,  literary, 
scientific,  mechanical,  agricul- 
tural and  industrial  societies 1897  1533  62 

PUBLIC  HEALTH — (See  Health). 

PUBLIC  LANDS — (See  Land,  Public). 

PUBLIC  SCHOOLS — (See  Schools,   Public).    ' 


QUALIFICATIONS   OF   COUNTY   SUPERINTENDENT — (See   County 
Superintendent). 

QUALIFICATIONS  OF  »IEMBERS  OF  BOARDS  OF  EDUCATION — 

(See  Cities  and  Town  Boards  of  Education). 

QUALIFICATIONS  OF  MEMBERS  OF  BOARDS  OF  REGENTS — (See 
University  of  New  Mexico). 

QUALIFICATIONS   OF   ME3IBERS   OF  TERRITORIAL   BOARD    OF 
EDUCATION — (See  Board  of  Education,  Territorial). 


320  INDEX 

Laws.  Chap.         Sec.  Page. 

QUALIFICATIONS  OF  SCHOOL  DIRECTORS — (See  Directors). 
QUALIFICATIONS  OF  TEACHERS — (See  Teachers). 
QUALIFICATIONS  OF  VOTERS — (See  Voters). 


R 

RACE  OR  NATIONALITY — 

No  bar  to  attending  school 1897  1556  71 

REAL  ESTATE — 

Condemnation    of    land    for    school 

house  site   .~ 1897     . 

May  be  acquired  by  school  district 
not  to  exceed  one  acre 1897 

Belonging  to  organization  of  liter- 
ary, scientific,  religious  and  char- 
itable character  not  to  be  sold...  18 97 

May  be  held  by  Boards  of  Educa- 
tion   1897 

REAL  ESTATE  OF  MINORS — 

No  person  to  convey  property  with- 
out providing  for  legitimate  child-  • 

ren  1 1897  2055a      93 

Probate    judge    may    act    in    such 

cases    1897  2055b  93 

RECORDS     AND     REPORTS  —  (See 

Reports).  ,  ^ 

RECOVERIES — (See  Forfeitures). 

REDEMPTION  OF — 

Bonds  issued  in  lieu  of  execution  for 

indebtedness,    1897    1897        42  296  19 

Bonds  issued  in  1905  to  pay  indebt- 
edness   of    Boards    of    Education 

and  directors   1905        74  4  195 

Bonds,     County     Commissioners     to 

levy    annual    tax    to    pay    interest 

and    redemption    of   bonds    issued 

under  Funding  Act  1893    1897  323  26 

Bonds,    provisions    for    in    city    and 

town 1897  1587  80 


1553 

70 

1552 

•  69 

466 

39 

1565 

74 

6,  7 

167 

10 

169 

12 

170 

11 

169 

6 

167 

INDEX  321 

Laws.  Chap.  Sec.  Page. 

REFORM  SCHOOL — 

Act  of  Congress,  June  21,  1898,  ap- 
plies to    1903  2  5  167 

Board  of  Trustees  to  manage.  Ap- 
pointment and  term  of  office.  Du- 
ties and  powers.     Qualification.  ..  1903  2 

Confinement  in,  cause  for 1903  2 

Creation  and  location  of 1903  2 

Inmates  to  perform  useful  labor...  19 03  2 

Secretary  and  Treasurer  to  file  bond.  1903  2 

REFUNDING — (See  ndebtedness    Ma- 
tured). 

REGENTS — (See  Board  of  Regents). 

RELIGIOUS  MEETINGS— 

Authorized  to  be  granted  by  school 

directors    ....1897  1533  62 

RELIGIOUS  CORPORATIONS — 

May  not  acquire  more  than  $50,000 
worth  of  real  estate.  U.  S.  Stat- 
utes      189  8 

RELIGIOUS  ASSOCIATIONS  —    (See 
Corporations). 

REMITTING      FINES,      PENALTIES, 

FORFEITURES — 

Special   Legislation   forbidden,   U.   S. 

Statutes 818  1  6 

RENTS  AND  TOLLS — 

Of   water    works   in    disincorporated 

towns,  part  to  go  to  public  schools.  1897  2511  95 

REPORT — 

To   be    made    by   teacher   to    county 

superintendent 1897  1536  63 

Of  district  financially  and  otherwise 
to  be  made  annually  to  county  su- 
perintendent    1897  1535  63 

To  be  made  by  county  superintend- 
ent on  or  before  October  15th,  an- 
nually   . . 1907        99  •_.       X  59 


322  INDEX 

Laws.  Chap.         Sec.  Page. 

To  give  information  concerning 
ber  of  districts,  pupils,  teachers, 
term,  money,  raised  by  taxes,  sal- 
aries,  etc 1907        99  1  59 

To  be  made  annually  by  Superin- 
tendent of  Public  Instruction.  ..  .1907        97  14  208 

Of  schools  by  county  superintendent 
and  heads  of  educational  institu- 
tions to  be  preserved  in  office  of 
Supt.   of  Public  Instruction 1907        97  12  207 

Of  boards  of  education,  copy  to  be 
furnished  to  county  and  Terri- 
torial superintendents 1897  1580  78 

REPORTS,    STATISTICAL — 

To  be  made  by  school  units  to  county 
superintendent  and  by  county  su- 
perintendents to  the  Superintend- 
ent of  Public  Instruction  and  by 
Superintendent  of  Public  Instruc- 
tion to  Governor 1907        97  24  213 

RESERVE — (See  Forest  Reserve). 

RULES  FOR  SELECTION  OF  LIEU 

LANDS —  I 

U.  S.  Statutes ". 384  2276  10 


s 


SABBATH  OBSERVANCE — 

Attorney  General  and  District  At- 
torneys to  prosecute  Sabbath 
breakers    1897  1374  50 

Certain  labors  permissible  on  Sun- 
day    1897  1370  50 

Definition  of  Sunday 1897  1372  50 

Fines   for  infraction   of  Sunday   lavsr 

to  go  to  public  school  fund 1897  1369  49 

Sunday  sports,  public  meetings  and 
exhibition,  except  for  religious 
worship    prohibited     1897  1368  49 

SALARY— 

Of  officers  to  be  reduced  if  funds  for 

current  year  are  insufficient 1897       43  300  21 


iNDKX  323 

Laws.  Chap.  Sec.  Page. 

praised.     Momeny  how  applied. 
Of  county  superintendents    1905        60  5  192 

SANTA  FE — 

Board  of  Education  empowered  to 
provide  for  the  erection  of  a  Pub- 
lic School  building 1903        97  1-6  179 

Board      of      education      to      provide 

grounds,   material  and   labor 1903        97  5  182 

Bond  issue  to  erect  school  buildings. 

Form  and  rate  of  interest 1903        97  1  179 

Donation  of  land 1903        97  6  182 

Election  for  Bond  issue 1903        97  1  179 

Material   and   labor  to  be   furnished 

by  penitentiary.      Proviso    1903        97  4  182 

Sale   of  bonds    1903        97  3  181 

Special   tax  levy  to   pay  interest   on 

bonds 1903        97  2  181 

SCHOLASTIC   YEAR    —    (See      Year, 
Scholastic). 

SCHOOLS — 

In  municipalities  free.     Exceptions.  1897 

Lands  to  be  withdrawn  from  market. 

Leasing.      Proviso     1907        97 

Property  presented  to  be  carefully 
administered  according  to  wish  of 
donor 1907        97 

Special  legislation  forbidden  in  man- 
agement of.     U.  S.  Statutes 818 

SCHOOL   BOARD — (See    Directors    or 
Boards  of  Education). 

SCHOOL    BUILDINGS,     INSURANCE 

OF — (See  Insurance). 

SCHOOL  DA  YAND  MONTH — 

Definition    1897  1557  72 

SCHOOL  DIRECTORS — (See  Directors). 
SCHOOL  DISTRICTS — (See  Districts). 

SCHOOL  FUND,  CITY  AND  TOWN — 

Apportionment     of     county      school 

fund.     How  made 1903      119  15        ..    188 


1562 

72 

28 

216 

27 

216 

1 

6 

324  INDEX 

Laws.  Chap.         Sec.  Page. 

Apportionment  of  moneys  from  for- 
est reserves    1909      119  3  246 

Apportionment  of  moneys  for  Com- 
mon  Schools    1899        74  7  145 

Fines    for    failure    of    employes    to 

comply  with  poll  tax  provision.  ..  1907        96  2  198 

Fines  for  illegally  issuing  certificates 
of  exemption  from  poll  tax  to  fire- 
men     1897  1764  90 

Fines  for  maintaining  opium  or  hop 
joint     1897 

Fines  for  Sabbath  breaking 1897 

Fines  for  saloon  keepers  allowing 
minors  to  play  games  on  premises.  18 97 

Fines  for  selling,  using  or  giving  li- 
quor on  election  day .  .^.  .  .  1897 

Fines  for  violation  of  provisions  con- 
cerning vaccination    1901        17 

Fines  for  violation  of  provisions  con- 
cerning vaccination    1903      103 

Fines  for  violation  of  gambling  law.  1907        64 

Local  Levy 1907        97 

Moneys  remaining  in  the  hands  of 
treasurer  after  redemption  of 
bonds  issued  by  Act  of  1897 1897  297  20 

Moneys  arising  from  the  sale  of 
lands  belonging  to  Board  of  Edu- 
cation to  be  used  for  erecting  and 
furnishing  school  buildings 1897  1608 .  85 

Money  from  sale  or  lease  of  common       ' 
lands    1897 

Poll  Tax    1897 

Proceeds  from  rents  or  tolls  of 
water  works  in  disincorporated 
municipalities     ~ 1897 

Taxes  collected    1897 

Tax  levy  for  support  of  schools.  .  .  .1901        27 

Sinking    Fund     for     redemption     of 

lands    1897  1587  80 

Surplus   from   collection   of  previous 

year    '. 1897  '302  22 

SCHOOL  FUND,  COUNTY — 

Apportionment    of   moneys    received 

from   forest  reserves    1909     119  S  246 

Apportionment  of 1903      119  16  188 

Apportionment  of  money  from  lands 


1265 

47 

1369 

49 

1269 

47 

1273 

47 

26 

150 

29 

184 

4 

197 

25 

214 

2178 

94 

1549, 

1550 

08 

2511 

95 

1577, 

1578 

77 

3 

151 

INDEX  325 

Laws.  Chap.  Sec.  Page. 

reserved  for  Common  Schools.  ...  1899        74  7  145 

Apportionment  of  money  from  leas- 
ing of  school  sections  or  lieu 
lands    1907      104  31  218 

Apportionment  of  Territorial  3   mill 

levy 1907        97  25  214 

Balances  remaining  in  expense  fund 
of  the  Commissioner  of  Public 
Lands     1909      106  5  '241 

Delinquent  taxes  for  certain  years..  1909        57  1  234 

Fine  by  officer  delivering  liquof  li- 
cense before  tax  is  paid 1897  4125  97 

Fines   for   abusing   private   roads   or 

opening  fences 1897  1867  92 

Fines  for  avoiding  payment  of  tolls.  1897  1867  92 

Fines  for  giving  or  selling  liquor  or 
tobacco  to  minors  or  allowing 
minors  to  be  in  or  about  places 
where  liquor  or  tobacco  are  for 
sale     1901  3  5  14  9 

Fines  for  illegally  occupying  or  try- 
ing to  deprive  others  of  the  free 
use   of  public  lands    1897  1298  48 

Fines  paid  by  persons  abstracting, 
destroying  or  mutilating  Probate 
Clerk's  file  of  county  newspapers.  1897  771  42 

Fines  paid  by  persons  threatening  or 
interfering  with  county  surveyor 
in  performance  of  official  duties.  .1897  ..  791  42 

Fines  paid  by  probate  clerks  for 
failing  to  -preserve  copies  of 
county  newspapers  for  free  refer- 
ence  1897  769  41 

Fine  s  for    turning    cattle    loose    on 

range  to  go  to 1897  129  11 

Fines  for  violation  of  laws  concern- 
ing firearms  and  other  deadly 
weapons 1897  1389  53 

Fines  for  violation  of  provisions  con- 
cerning obstruction  of  streets.  ...  1897  2679  96 

Fines  for  violation  of  provision  re- 
quiring persons  who  turn  stock  on 
range  already  occupied  to  own 
sufficient  living  water  to  be  paid 
into 1897  128,129,130  11 

Licenses,  liquor  and  gaming 1901        29  6 

Licenses  on  certain  business 1897  4141  97 


326  INDEX 

Laws.  Chap.         Sec.  Page. 

Licenses  upon  real  estate  and  collec- 
tion  agents 1897  4142  99 

Insurance  agents 1897  4143  99 

Hotel  and  Restaurant  Keepers,  Liv- 
ery and  feed  stables 1897  4144  99 

Pawnbrokers 1897  4145  100 

Buildings  and  premises  for  amuse- 
ment  1897  4146  100 

Money  collected  or  that  should  be 
collected  from  tax  rolls  for  county 
purposes    1897  305  23 

Proceeds  of  sale  of  strays  to  be  paid 

into  school  fund 1897  176  12 

Surplus  from  collections  of  previous 

year    1897  302  22 

Temporary  school  fund.  Proceeds 
of  sale  of  intestate  estates.  For- 
feitures and  Recoveries.  Proceeds 
of  fines  for  violation  of  penal  laws. 
Proceeds  of  sale  of  lost  goods. 
Moneys  arising  from  licenses  im- 
posed on  all  dealers  in  liquor 1897  1548  67 

SCHOOL  FUND,  DISTRICT— 

Apportionment     of     County     School 

Fund.     How  made    1903      119  15  188 

Apportionment    of    General     3     mill 

levy    1907        97  ^5  214 

Apportionment  of  moneys  from  For- 
est  reserves    1909      119  3  246 

Apportionment  of  moneys  from 
lands  reserved  for  common 
schools 1899        74  7  14. 

Apportionment  of  Territorial  3  mill 
levy 

Bonds  for  the  purpose  of  erecting 
and  completing  school  houses. 
Election    for   Redemption 1897  1542  65 

Collection  from  sale  or  lease  of  pub- 
lic lands  to  be  placed  to  the  credit 
of  district  within  30  days 1897  2178  94 

Division  of  school  funds 1907        97  22  212 

Fine   for   failure   of  director  to   call 

election  and  post  notices  therefor.  189?  1532  61 

Fines    for    failure    of    employes    to 

comply  with  poll  tax  law 1907        98  2  198 

Fines  for  false  enumeration 1905        23  2  190 


INDEX  327 

Laws.  Chap.  Sec.  Page. 

Fines  for  illegally  issuing  certificates 
of  exemption  from  poll  tax  to  fire- 
men     1897  1764  90 

Forfeitures  of  officers  bonds  for  vio- 
lating provisions  concerning  use 
of  surplus  funds    1903        37  5  178 

Fines  for  maintaining  opium  or  hop 

joint 1897  1265  47 

Fines  for  Sabbath  breaking 1897  1369  49 

Fines    for    saloon    keepers    allowing 

minors  to  play  games  on  premises.1897  1269  47 

Fines  for  selling,  using  or  giving  li- 
quor on  election  day 1897  1273  47 

Fines  for  violation  of  gambling  law.  1907        64  4  197 

Fines    for    violation    of    vaccination 

provisions    1901        17  26  150 

Fines    for    violation    of    vaccination 

provisions 1903      103  29  184 

Levy,  local    1907        97  25  214 

Moneys  remaining  in  hands  of  treas- 
urer after  redemption  of  bonds  is- 
sued by  Act  of  1897 1897  297  20 

Moneys  arising  from  sale  of  lands 
belonging  to  district  to  be  used 
for  erecting  and  furnishing  a 
school  house 1897 

Poll  tax  collected  by  district  clerks.  1897 

Sinking     fund     for     redemption     of 

bonds 1905        74 

Special  tax  may  be  made.  To  be 
collected  by  county  assessor 1897 

Surplus  from  collections  of  previous 
year    1897 

Surplus     may    be     used     for    school 

building  on  petition    1903        37 

SCHOOL  FUND,  TERRITORIAL — 

Fine  for  violation  by  teachers  of  pro- 
visions concerning  tuberculosis.  ..  1903        92 

General   3   mill  levy 1907        97 

Money  from  lands  reserved  for  com- 
mon schools.  How  set  aside  and 
apportioned 1899        74 

Moneys  from  forest  reserves .1909      119 

SCHOOL  FUNDS  AND  PROPERTY — 

Pledged    in    payment    of    interest   in 

city  and  town 1897  1589 


1608 

85 

548,  1550 

68 

4 

195 

1547 

66 

302 

22 

1 

170 

2 

157 

25 

214 

7 

145 

3 

3 

141 

1541,  1542 

65 

113 

45 

1103 

44 

1553 

70 

328  INDEX  / 

Laws.  Chap.  Sec.  Page. 

SCHOOL  HOUSES— 

Any  person  failing  to  perform  duty 

in  connection  witli  building  school 

houses  liable  to  fine 1899        4f 

Bonds  for,   how  voted 1897 

Breaking   into   and   entering,   penal- 
ties      1897 

Burning  of 1897 

Condemnation  of  land  for 1897 

County    superintendent     shall     have 

power    to    order    school    directors 

to  submit  question  of  issuing  bonds 

for  building.     Penalty  for  refusal.  1899        46  .    1  '140 

County  superintendent  to  order  por- 
tion of  the  school  fund  to  be  set 

aside  as  building  fund 1899        46  2  140 

Directors  and   Boards   of   Education 

required   to    provide   an   dkeep   in 

repair.     Means  of  raising  funds.  .  .1907        97 
Directors   may    use   surplus   to   con- 
struct    1903        37 

Duty  of  county  superintendent  in  re- 

ard  to  building " 1903        37 

Insurance  of 1903        37 

Larceny   from    1897 

Levy,  local  to  provide  school  houses.1907        97 

Location    of    1897 

May  be  used  for  public  meetings  of 

religious,     political,     literary,     etc. 

societies 1897       ■  1533  62 

Penalty    for    failure    of    officers    to 

carry    out    provisions    for    use    of 

surplus   fund    1903        37 

Proviso  when  surplus  not  sufficient 

to  complete  building 1903        37 

Territorial    Common    School    Bonds 

for  building    1909  7 

Surplus  fund,  use  of 1903        37 

Surplus    fund,    when    available    for 

building 1903        37  2  177 

SCHOOL,  INDEBTEDNESS — (See    In- 
debtedness). 

SCHOOL  LANDS — (See  Lands). 

SCHOOL  LAWS — 

Appropriation    for    compilation    and 

printing 1903        28  2  175 


25 

214 

1 

176 

2 

177 

4 

178 

1113, 1114 

45 

25 

214 

1552 

69 

5 

178 

3 

178 

11 

227 

1-3 

176 

INDEX  329 

Laws.  Chap.         Sec.  Page. 

Printed  laws  to  be  furnished  to  the 
County  Superintendents  and  chair- 
man of  school  directors 1903        28  3  '  176 

Supt.  of  Public  Instruction  to  com- 
pile and  have  printed  all  school 
laws    1903        28  1  174 

SCHOOL  OFFICERS — 

Penalty  for  failing  to  perform  duties.  190 9      121  12  250 

SCHOOL    SECTIONS  —   (See     Lands, 
School). 

SCHOOL    SITES — 

How  situated   1897  1552  69 

SCIENTIFIC  SOCIETIES  —  (See  Cor- 
porations). 

SECTARIAN  DOCTRINES — 

Not  to   be   tauht   in   City  and   Town 

schools 1897  1582  79 

SECTIONS  16  AND  36 — (See  Lands). 

SECURITIES— 

On  bonds  of  county  officers  may  be 
examined  by  county  commissioner 
as  to  sufficiency  of  bonds 1897  687  41 

SILVER  CITY — 

Created    independent    district 1909        12  2  231 

SINKING  FUND — 

To  be  provided  after  1907  for  pay- 
ment of  bonds  issued  in  lieu  of 
execution    for    indebtedness 1897        42  296  19 

Tax  levy  for  in  City  and  Town 1897  1587  81 

SISTERS  OF  CHARITY — 

To  have  charge  of  Orphan  and  Indi- 
gent children  (See  Orphans' 
Home). 

SITE    FOR     SCHOOL    HOUSE — (See 
Real  Estate  and  School  Houses). 

SMALLPOX— 

Duty  of  School  Superintendents. 
Vaccination.  Penalty  for  refusal 
of  parents 1903      103  29  184 


830  INDEX 

Laws.  Chap.  Sec.  Page. 

SOCIETTIES — (See  Corporations). 

SPECIAL/   LEGISLATION — 

Forbidden    in    certain    cases,    U.    S. 

Statutes 818  1  6 

SPECIAL  LEVY — (See  Tax,  Special). 

SPECIAL  TAX — (See  Tax,  Special). 

STATEMENTS — 

To  be  made  quarterly  by  county  and 

precinct   officers    1897        60  12  43 

STATISTICAL    REPORTS — (See    Re- 
ports, Statistical). 

STRAYS,  UNCLAIMED — 

To  be  sold  after  due  notice  and  sur- 
plus to  be  paid  into  School  Fund.  1897  176  12 

STREETS,    OBSTRUCTION    OF— (See 
Obstruction). 

SUIT — 

Cost,  Fundin  Act,  1893 1897  324  29 

Cost  of  to  be  divided  between  de- 
fendant and  complainant  in  cases 
arising  under  Funding  Act,  1893.  .1897  324  29 

SUNDAY — (See  Sabbath  Observance). 

SUPERINTENDENT,  CITY — (See  City 
Superintendent) . 

SUPERINTENDENT — (See  County  or 
City  Superintendent). 

SUPERINTENDENT  OF  PUBLIC  IN- 
STRUCTION— 

Appointment.   Term.   Salary.    Oath..  19 07        97 

Apportionment  of  School  Fund 1903        99 

Appropriation  for  deficiencies 1907      121 

Appropriation,  contingent  expense.  .  1909        97 

Appropriation  Deficiencies    1907        97 

Appropriation  Examination  of  teach- 
ers expenses 1907        97 

Appropriation  for  61st  and  62nd  fis- 
cal years 1909      127 


10 

206 

15 

13 

12 

207 

22 

212 

3 

201 

5 

252 

INDEX  331 

Laws.  Chap.         Sec.  Page. 

Assistant,  qualifications    1907        97  13  208 

Assistant  (See  Assistant  Supt.  of 
Public  Instruction). 

County  Superintendent,  may  sus- 
pend, when 1907        97  11  206 

Duties  as  to    1907        97  6  203 

Duties 1907        97  10  206 

Duty  as  to  managing  proceeds  of 
territorial  common  school  bond 
issue 1909  7  11  227 

Duty  in  regard  to  applicants  for  po- 
sitions as  teachers  who  are  afflict- 
ed   with    tuberculosis 1903        92  1  156 

General  supervision.  To  visit  insti-  .  * 
tutions.  Rural  schools.  Acting 
through  county  superintendent. 
Supervision  over  city,  town,  and 
village  schools,  and  over  official 
school  records  of  any  school  dis- 
trict. May  suspend  county  sup- 
perintendent  and  institute  pro- 
ceedings for  removal 1907        97 

Location     of     office.      Official     Acts 

certified 1907        97 

May      approve      of      supplementary 

books 1907        97 

Member  of  Board  of  Education.  ...  1907        97 

Oath 1907        97 

Office,  location  of 1907        97 

Penalty  for  failure  to  deliver  annual 

report    1897  1528  60 

Permits    to    teach,    temporary    may 

grant    1907        97 

Powers,  general 1907        97 

Powers,  and  Duties  Amended.  Re- 
port Annual    1907        97 

Salary 1907        97 

Summer  Normals, — 

Four  weeks 1907        97  6  203 

$50  more  to  be  set  aside.  Power 
to  waive  normal  institutes  where 
authorized  summer  normals  are 
held    ; 1907        97  6  203 

Term  of  office 1907        97  10  -  206 

To  act  as  secretary  of  Board  of  Edu- 
cation  1907        97  15  206 


11 

206 

17 

209 

9 

205 

1 

200 

10 

206 

17 

209 

5 

202 

11 

206 

14 

208 

10 

206 

332  INDEX 

Laws.  Chap.         Sec.  Page. 

To  advise  county  superintendent  as 
to  conduct  and  management  of  in- 
stitute  1907        97  6  203 

To  apportion  income  from  lands  re- 
served for  purpose  of  the  common 
schools.     When.    How 1899        74 

To    apportion    money    derived    from 

leasing  school  sections  16  and  36.. 1907      104 
-  To  apportion  money  from  leasing  of 

school  sections  and  lieu  lands.  .  .  .1907      104 

To  approve  bond  of  county  treas- 
urer as  treasurer  of  school  fund.  .189  7 

To  approve  excuse  for  non-attend- 
ance at  institute 1907        97 

To  approve  expenditures  of  joint  in- 
stitutes   1907        97 

To  approve   renewal   of  county   first 

grade   certificates    1907        97 

To  authorize  county  superintendents 

to  hold  joint  institutes 1907        97 

To  be  secretary  of  Board  of  Educa- 
tion   1907        97 

To  classify  counties  for  fixing  sal- 
aries of  county  superintendents.  .  1907        97 

To  classify  counties 1907        97 

To  compile,   print  and  distribute  all 

school    laws    1903        28  1-3  174 

To  countersign  all  orders  for  pay- 
ment of  money  in  connection  with 
institute 1907        97  6  203 

To  enforce  act  concerning  the  build- 
ing of  school  houses 1899        46  3  141 

To  file  and  preserve  records  made 
by  county  superintendents,  heads 
of  educational  institutions  and 
other  school  authorities 1907        97  12  207 

To     furnish     blanks,      school,      law. 

Flag  Day  program   1907        97  13  208 

To  furnish  copies  of  school  law  to 
county  superintendents  and  chair- 
man of  school  directors 1903        28  .    -     3  175 

To  give  opinion  on  any  question  aris- 
ing out  of  interpretation  of  school 


29 

145 

31 

218 

31 

218 

38 

64 

6 

203 

6 

203 

3 

201 

6 

203 

14 

208 

21 

211 

21 

211 

INDEX  333 

Laws.  Chap.         Sec.  Page. 

laws.  May  submit  question  to  At- 
torney  General    1909      121  6  249 

To  grade  or  cause  to  be  graded  ex- 
amination papers  of  teachers 1907        97  3  201 

To  have  School  Laws  printed 1903        28  1  174 

To  issue  temporary  permits  to  teach- 
ers.    Restriction 1907        97  4  202 

To  make  annual  report  and  publish 
the  same.  Items  to  be  contained 
in  report 1907        97  14  208 

To  make  apportionment  quarterly  of 
moneys  applicable  to  common 
schools 1899        74  29  145 

To  make  statistical  report  to  Gov- 
ernor Aug.  15 1907        97  24  213 

To  prepare  and  publish  annual  re- 
port of  all  schools  in  territory 
from  reports  made  by  school  au- 
thorities   1907        97  14  208 

To  print  and  distribute  blanks, 
school  laws,  and  Flag  Day  pro- 
gram  1907        97   . 

To  receive  bond  of  county  treasurer 
of  county  school  fund 1897 

To  receive  bond  of  county  treasurer 
as  treasurer  of  county  school  fund.1897 

To  receive  copy  of  report  from  heads 
of  territorial  educational  institu- 
tions. Items  to  be  contained  in 
reports 1903      119  18  188 

To  receive  report  from  city  schools. .  1907        97  20  210 

To  receive  report  from  county  su- 
perintendent. Items  to  be  con- 
tained     1907        99  1  69 

To  receive  statistical  reports  annu- 
ally from  county  superintendents 
and  heads  of  educational  institu- 
tions.    When    1907      947  24  213 

To  remove  county  superintendents 
who  fail  to  remove  school  officers 
refusing  to  receive  children  on  ac- 
count of  race  or  nationality 1897  1556  71 

To  see  that  law  concerning  enforce- 
ment of  school  building  is  en- 
forced   1899        46  3  140 

To    visit    Rural    Schools.      Traveling 

expenses 1907       97  12  207 


13 

208 

1538 

V 

64 

1538 

64 

334  INDEX 

Laws.  Chap.  Sec.  Page. 

SURETIES — 

County  or  district  officer*  not  al- 
lowed to  act  as  sureties  for  other 
Officers 1897  843  43 

SURVEYOR — (See  County  Surveyor). 


T 

TAX— 

Additional  may  be  levied  for  sup- 
port of  city  and  town  schools. 
When  and  How 1897  1577  77 

Levy  to   be   made   by   Directors  and 

Boards    of    Education    to    provide 

and  Iceep  in  repair  school  houses. 

District  levy  and  Proviso.     Terri- 

,        torial  levy  and  Proviso 1907        97  25  214 

TAXATION — 

A  sinking  fund  to  be  provided  by  a 
tax  levied  by  county  commission- 
ers to  pay  bonds  issued  in  lieu  of 
execution  for  indebtedness 1897        42  296  19 

TAXES — 

School  property  in  city  and  town  ex- 
empt  1897  1583  79 

Exemptions  from    1901        95  8  159 

TAXES,  ASSESSMENT  OF — 

No  special  Legislation  allowed,  U.  S. 

Statutes   818  1  6 

TAXES,  COLLECTION  OF— 

No  special  legislation  allowed,  U.  S. 

Statutes 818  1  6 

TAXES,  DELINQUENT — 

One-third  for  certain  years  to  go  to 

school   fund    1909        57  1  234 

TAX  LEVY  IN  CITY  AND  TOWN — 

For  interest  and  sinking  fund 1897  1587  80 

TAX,  LICENSE — (See   License). 
TAX,  POLL — (See  Poll  Tax). 


INDEX  335 

Laws.  Chap.  Sec.  Page. 

TAXES,  SCHOOL — 

Property  exempt  from 1897  1560  72 

Levy   of 1907        97  25  214 

TAX,  SPECIAL— 

Not    to    be    made    until    boundaries 

have  been  established 1897  1547  66 

Account  to   be   kept  by  collector   In 

separate  books 1897  1540  64 

TEACHERS — 

County  certificates  issued  by  Terri- 
torial Board  of  Education 1907        97  3  201 

Directors  and   Boards   of  Education 

to  raise  funds  to  pay 1907        97  25  214 

Duty  as  to  vaccination 1901        17  26  150 

Holding  third  grade  certificates  or 
permits  may  receive  $15.00  from 
territorial  treasury  for  4  weeks  at- 
tendance  upon   cotinty   institute.  .  1909      121  5  248 

Liable  to  fine  for  refusing  to  receive 
pupils  on  account  of  race  or  na- 
tionality   1897  1556  71 

Required  to  teach  effects  of  alco- 
holic drinks  and  narcotics  in  con- 
nection with  Physiology  and  Hy- 
giene, U.  S.  Statutes 362  2  5 

Not  to  receive  certificates  except  on 
passing  satisfactory  examination 
in  Physiology  and  Hygiene  with 
special  reference  to  alcoholic 
drinks  and  narcotics,  U.  S.  Stat- 
utes   362  2  5 

Maximum  salaries.  Proviso  as  to 
teachers'  permits.  Provision  as  to 
pay.  Penalty  for  failure  of  school 
officers  to  pay  teachers 1907        97  26  215 

Salary  not  to   be   deducted   on   legal 

holidays     1903      119  20  189 

To  be  paid  monthly  unless  there  are 

no  funds  available    1901        57  1  158 

To  keep  record  and  make  reports  to 

the  county  superintendent    1897  '.     1535  63 

Instructors  or  professors  found  to 
have  tuberculosis  may  be  ex- 
amined by  any  physician  and  has 


2-5 

153 

8 

205 

8 

20b 

336  INDEX 

Laws.  Chap.  Sec.  Page. 

right     of     appeal     to     Territorial 

Board  of  Health   1903        92  1  15« 

Instructors    and    professors    may    be 

discharged     if     tuberculosis      has 

been  contracted 1901        43 

Instructors   and   professors   required 

to  present  health  certificates 1901        43 

TEACHERS,  LEGAIiLY  QUALiIPIED — 

Legal   qualifications    1907        97 

Penalty     for     paying     money     to     a 

teacher  not  legally  qualified 1907        97 

TERRITORIAL  AUDITOR — (See  Au- 
ditor). 

TERRITORIAL  BOARD  OF  EDUCA- 
TION— (See  Board  of  Education, 
Territorial). 

TERRITORIAL  CERTIFICATES — 

(See  Certificates). 

TERRITORIAL  INSTITUTIONS — (See 
Institutions). 

TERRITORIAL  SUPERINTENDENT — 

(See  Supt.  of  Public  Instruction). 

TERRITORIAL  TREASURER — 

Shall  annually  between  December 
first  and  fifteenth  present  war- 
rants, coupons,  etc.  paid  since  last 
were  burned 1899  402  34 

Shall  present  to  the  Governor  and 
auditor  all  warrants  paid  by  his 
office    1897  401  33 

Shall  quarterly  publish  notices  call- 
ing warrants  for  payment 1897  404  34 

To  burn  all  paid  warrants 1897  402  33 

To  receive  moneys  from  Public 
Lands  for  use  of  institutions  and 
objects  for  which  lands  were 
granted    1899        74  29  146 

TEXT  BOOKS— 

May  be  adopted  by  Territorial  Board 

for  the  territory    1907        97  9  205 


1600 

82 

1592 

82 

1601 

83 

1592 

82 

iNDKx  .  337 

Laws.  Chap.  Sec.  Page. 

TIMBER — 

On     school     sections     or     territorial 

lands  not  to  be  cut 1903        81  1  175 

TOLLS— (See  Highways). 

TOWNS — (See  Cities  and  Towns). 

TOWNS,  INCORPORATED — 

Not  to  be  subdivided  into  wards.  .  .  .1897  1567  75 

TOWN — (See  City  and  Town). 

TRANSFER — 

Of  property  to  school  districts 189  7  ( 

Of    school    property    on    petition    of  i 

electors    1897 

Of  unsold  parcels  of  land  to  Boards 

of  Education  legalized 1897 

Previous,    of    property    in    city    and 

town  legalized    1897 

TREASURER,  COUNTY— (See  County 
Treasurer). 

TREASURER,  SCHOOL— 

Must    be  'able    to    read    and    write 

either  English  or  Spanish 1897  857  43 

TREASURER,    CITY    AND    TOWN— 

(See  City  or  Town  Treasurer). 

TREASURER — (See  County  Treasurr- 
or  City  and  Town  Treasurer). 

TREASURER,     TERRITORIAL — (Kte 
Territorial  Treasurer). 

TRUSTEES,  BOARDS  OF — (See  Board 
of  Trustees). 

TRUSTEES — 

Board    of,    in    towns    may    transfer 

property  to  school  districts 1897  1600  82 

TUBERCULOSIS — (See  Health  Certificate). 


338  INDEX 

Laws.  Chap.  Sec.  Page. 

TUITION — 

Directors  and  Boards  of  Education 
may  admit  non-resident  pupils  on 
payment  of.  Amount  of  scliool 
tax  to  be  credited  on 1907        97  29  21fi 


u 


UNIFORM  TEXT  BOOKS —  < 

Not   to   be   clianged    for   four   years. 

Penalty  for  violating  provisions.  .  1907        97  9  205 

UNIVERSITY  OF  NEW  MEXICO— 

Appropriation  for  deficiencies .1909        27 

Board  of  regents  to  liave  control.  .  .  .1897 

Buildings,  when  completed,  may  be 
purchased   1897 

Commissioners  report  to  legislature.  189  7 

Commissioner  to  select  lands 1897 

Commissioner  to  act 1897 

Creation  and  location  of 1897 

Departments  to  be  established 1897 

Erectio  nof  buildings 1897 

Faculties  to  have  charge  of  depart- 
ments    1897 

Intended  for  State  University 1897 

Meetings,  quorum 1897 

Objects    1897 

Open  to  children  of  all  residents.  .  .  .1897 

Organization,  secretary  to  give  bond.1897 

President;   his  duties   1897 

Regents  may  lease  part  of  Univer- 
sity  ground    1897  3583  113 

Regents  may  contract  for  payment 
of  rent 1897 

Regents  to  make  rules,  etc 1897 

Separate  account  of  all  moneys  from 
land  reserved  for  University  to  be 
kept  by  land  commissioners 1899        74 

Sub-division  and  filing 1897 

Surveyed  lands,  to  claim 1897   • 

Territory  not  liable 1897 

Terms  of  office  of  regents 1897 

To  be  body  corporate 1897 


14 

3571 

111 

3585 

114 

3591 

115 

3587 

114 

3588 

114 

3568 

110 

3577 

112 

3582 

113 

3578 

113 

3569 

110 

3581 

113 

3570 

111 

3579 

113 

3574 

112 

3573 

112 

3584 

113 

3576 

113 

7  . 

145 

3589 

114 

3590 

115 

3586 

114 

3572 

111 

3573 

112 

17 

26 

150 

103 

30 

185 

103 

31 

185 

17 

27 

INDEX  339 

Laws.  Chap.  Sec.  Page. 

To  be  non-sectarian   1897  3580  113 

U.  S.  STATUTES — 

Require  teaching  Physiology  with 
reference  to  Alcoholic  drinks  and 
Narcotics 362  1-3  4 


V 

VACANCIES — 

On  Boards  of  Education,  how  filled.  1897  1568  75 

VACCINATION — 

Children  to  be  vaccinated 1903      103  29  184 

County    Superintendent    to    enforce. 

Penalty    1901 

Expense  may  be  borne  by  district.  .  1903 

Of  adults.      Refusal.     Penalty 1903 

Provision  for  payment 1901 

VACCINE  MATTER — 

To  be  provided  at  cost  of  county, 
Municipal  corporation,  Board  of 
Education,   or  School   Trustees.  ..  1903      103  31  185 

VICE-PRESIDENT— 

Of  Board  of  Education,   duties 1897  1574  77 

VOID  INDEBTEDNESS — 

To  remain  valid  to  receive  money 
belonging  to  year  in  which  debt 
was  contracted,  which  money  shall 
be  distributed  pro  rata 1897        42  302  22 

Money  remaining  after  void  indebt- 
edness is  paid  shall  be  converted 
into  the  fund  for  the  next  current 
year    1897        42  302  22 

VOTERS — 

Citizens   otherwise   qualified   are   not 

to   be   barred   from   voting  at  any 

election  because   of  race,  color  or 

previous    condition     of    servitude, 

U;  S.  Revised  Statutes 2004  8 

Qualified  to  vote  on   levy  for  school 

purposes    1907        97  25  214 


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